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(영문) 울산지방법원 2016.04.12 2015고단3019
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended execution at the Ulsan District Court for a crime of false accusation, and the judgment became final and conclusive on November 20, 2015.

The Defendant, in collusion with C on July 25, 2012, in relation to “F teahouse” near the office of (ju) operation in Ulsan-gu, Ulsan-gu, Seoul-do (U.S.) and “F teahouse”, the Defendant would sell 495.86m2 per square meter per square meter to the victim G as a site for the site of a site of a source of 18,939m2 in Ulsan-gu, Ulsan-gu, Ulsan-do. In short, the Defendant would sell 700,000m2 per square meter to KRW 30,000 per square meter.

“A false representation was made.”

However, the above entire site construction was suspended due to the failure to pay the construction cost on February 2, 2012, and there was a fact that around June 8, 2012, a written statement of business rights and waiver of construction regarding the construction of a site for the above forest was prepared, and there was no property from a bad credit holder, and there was no intention or ability to sell the said forest site to the victim after creating the housing site for the above forest.

Accordingly, in collusion with C, the Defendant, by deceiving the victim as above, entered into a sales contract with the victim with a total of KRW 45 million for the sale price of the said housing site and KRW 10 million for the down payment, and acquired it by receiving KRW 10 million from the damaged person as the down payment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to I and G;

1. A complaint;

1. The president of the loan, J company's content certificate, a summary of the same industry, and a certified copy of the register;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes of the inquiry letter;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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