beta
(영문) 울산지방법원 2018.02.09 2017고정465

사기

Text

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

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

Reasons

Punishment of the crime

[criminal records] On September 13, 2017, the Defendant was sentenced to a suspended sentence of three months for criminal fraud at the Ulsan District Court, and the judgment became final and conclusive on November 25, 2017.

[Criminal facts]

1. On May 24, 2013, around May 24, 2013, the Defendant made a false statement to the victim N, “A-5 forms of active language center located in Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu, that “A-5 forms of money to lend money necessary for the payment of interest to neighboring Ircks by the number of days on the face of a week.”

However, at the time, the Defendant had a large amount of debt owed to the lending company, and there was no intention or ability to receive and deliver the debt to the neighbor.

As above, the defendant deceivings the victim and was given two million won as the borrowed money from the injured party.

2. On September 30, 2013, the Defendant made a false statement at the place indicated in the foregoing paragraph (1) around September 30, 2013, stating, “The Defendant shall subscribe to a new system in which the complainant would have to pay back the fraternity after having borrowed money to the said victim.”

However, at the time, the Defendant was in a situation where the borrower was instructed to demand the repayment of the obligation from the lending company, and the complainant did not have the intent or ability to pay the said money by joining a new guidance to be organized by the complainant.

As above, the defendant deceivings the victim as above and received five million won from the injured party, namely, the money borrowed from the seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness N;

1. A certificate of fraternity gold;

1. Complaint;

1. The investigation report (No. 9 No. 5)

1. Previous convictions: A reply to inquiry, such as criminal history, each written judgment [the defendant and his defense counsel did not borrow money from the damaged person as stated in paragraph 2 of the facts charged, and the defendant had the intent to repay and had the ability to repay money from the damaged person as stated in paragraph 1 of the facts charged. In fact, the defendant actually repaid some borrowed money.