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(영문) 울산지방법원 2019.07.18 2019고단602

사기

Text

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

Reasons

Punishment of the crime

Around December 12, 2016, the Defendant stated to the effect that “C” Rab operated by the Defendant in Ulsan-gu, Ulsan-gu, that “A” was insufficient for the victim D to have KRW 10 million (10,000,000,000,000,000,000 is lent to that person. If the Defendant lent KRW 10,000,000 to that person, he/she will borrow the interest of KRW 2,00,000,000,000 per month

However, since the Defendant was thought to repay the Defendant’s debt or use it as the cost of living with the money borrowed from the victim, there was no intention or ability to pay the principal after lending the money to another person.

Around December 12, 2016, the Defendant received KRW 10 million from the victim to the company bank account in the name of the Defendant, from that time, from that time, the Defendant received KRW 3,985,000,000 in total five times from June 12, 2017, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Details of each account transaction, details of deposit transaction, and receipt of loans;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: Determination by taking into consideration the fact that payment of the principal and interest of at least 16 million won has not been agreed upon with the victim, the fact that there has been no previous conviction in the same kind, and the fact that it is against