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(영문) 울산지방법원 2016.09.30 2016고단2609

사기

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On January 6, 2015, the Defendant was sentenced to two years of imprisonment for fraud in Busan District Court's Dong Branch Branch, and the judgment was finalized on January 14, 2015. On April 1, 2016, the Ulsan District Court sentenced eight months of imprisonment for fraud and two months of imprisonment, and the judgment was finalized on April 15, 2016.

On February 23, 2010, the Defendant calls to the victim E (54 years old) from the D plant operated by the Defendant in Ulsan-gu, Ulsan-gu, Seoul-do, to make a profit of 17% by making an investment to the vessels located in Japan, and 10% of the profit by lending KRW 10 million to the vessels located in Japan every month.

“.......”

However, at the time, the Defendant had no intention or ability to pay the principal and interest of the obligation every month with personal debt of 2 to 300 million won when lending money from others, even if he/she borrowed money from others.

The Defendant did not have any intent to invest in the business of a sentence in Japan with borrowed money, and such borrowed money was considered to have been consumed by stock investment, Internet gambling, etc.

As above, the Defendant: (a) by deceiving the victim; (b) received a total of KRW 30 million from the victim, including KRW 10 million on February 23, 2010; (c) KRW 10 million on June 22, 2010; and (d) KRW 10 million on August 30, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Original copy of the process certificate, certificate of borrowing, details of passbook transactions, and details of deposits without passbook; and

1. Application of Acts and subordinate statutes of the Ulsan District Court Decision 2015 Golsan District Court Decision 2566, 2692 (Joint), 2886 (Joint), 3045 (Joint), 3107 (Joint), Busan District Court Decision 2941, 2967 (Joint), 3052 (Joint), 3052 (Joint), and 2941, 2967 (Joint), and 3052 (Joint) to a response to inquiries, such as criminal history, etc.

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

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, but the reason for the sentencing of Article 39(1) and the fraud shall be obtained.