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(영문) 울산지방법원 2015.08.20 2015고단1616

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On October 2014, the criminal defendant against the victim C made a false statement to the victim “E” located in Ulsan-gun, Ulsan-gun, Ulsan-gun, that “The victim, who is a business owner, would pay the telecommunications fee and pay the mobile phone installments by making it possible for him/her to use the mobile phone (F) opened in the name of the president.”

However, on the other hand, even if the defendant was provided with a mobile phone from the victim due to no particular property, he did not have the intention or ability to pay the user fee and the installment of the device.

As above, the Defendant, by deceiving the victim and using the aforementioned mobile phone from the victim, did not pay the sum of KRW 1,40530 from January 1, 2015 to April 30, 2015 and KRW 2,137,840 from the mobile phone price to April 30, 2015 and KRW 697,310.

2. Fraud against victim G;

A. On January 8, 2015, the Defendant made a false statement to the company bank located in Ulsan-dong, Ulsan-gu, that “The Defendant would pay money to the Defendant with the victim who met or became aware of with customers at a singing room by opening a passbook with the limit of KRW 10 million and having the victim receive the loan.”

However, the fact is that there is a debt equivalent to 6 million won or 7 million won, such as a prepaid payment, and as a result, there is an increase in the amount of money less than the amount of the money the holder has paid out, so even if he/she uses the loan with a marina loan in the name of the victim, he/she did not have any intention or ability to pay the loan.

As above, the Defendant: (a) by deceiving the victim; (b) obtained a loan equivalent to approximately KRW 10 million from January 8, 2015 to June 14, 2015; and (c) obtained a pecuniary benefit equivalent to the said amount by failing to repay the loan despite having used approximately KRW 10 million from around January 8, 2015 to around June 14, 2015.

B. The Defendant, at the end of January, 2015, has come to the Ulsan-gun, Ulsan-do.