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(영문) 울산지방법원 2013.11.22 2012고합475
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for four years, for one year, for one year, for six months, for each of the defendants C and D.

(b).

Reasons

Criminal facts

Defendant

On February 10, 2011, A was sentenced to two years of imprisonment for fraud, etc. at the Busan High Court, and the judgment became final and conclusive on March 29, 2012.

Defendant

B On October 11, 2012, the Ulsan District Court sentenced two years of suspension of the execution to six months of imprisonment for fraud, which became final and conclusive on October 19, 2012.

"2012, 475"

1. Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) stated that “The victim K purchased land planned to be an industrial site in Ulsan-gun, Ulsan-gun, Ulsan-gun, and promoted an industrial complex project. However, if it borrowed KRW 750 million out of the project site, it would be paid by adding the interest and principal to KRW 1.1 billion within six months.”

However, the Defendant did not proceed with the above business at the time and should pay at least KRW 20 million per month interest on personal debts of KRW 7 billion, and even if he borrowed money from the victim, he did not have any intention or ability to pay it within six months.

On March 14, 2008, the Defendant received or delivered a total of KRW 200 million from the victim, including KRW 30 million, KRW 300 million on March 18, 2008, and KRW 250 million on April 24, 2008, through the Defendant’s agricultural bank account, etc.

Accordingly, the defendant was given property from the victim by deceiving the victim.

2. Fraud against a victim L;

A. Defendant A and B stated that, around 11:00 on May 6, 201, Defendant A and B agreed to the victim L’s office located in the third floor of the Ulsan-gu M building, Ulsan-gu, Seoul-gu, that “I will pay 100 million won if I would lend N with N that I will pay 100 million won of the appraisal fee to the victim.”

However, Defendant A was in an economically difficult situation like the above Paragraph 1, and Defendant B did not have any intent or ability to repay the money within seven days even if the money was borrowed from the victim due to the lack of property.

Defendants.

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