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(영문) 울산지방법원 2015.05.07 2014고정1776

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Even if the defendant borrows money from the victim C, he/she did not have the intention or ability to repay it.

On May 21, 2013, the Defendant received money from the Ulsan-gu, Ulsan-gu, U.S., the Defendant’s residence on May 21, 2013, stating that “The Defendant shall lend the Defendant with interest on five-months and the principal shall be repaid after a few months,” and that “The Defendant shall pay the Defendant’s interest on five-months and shall be repaid after a few months,” which was remitted KRW 10 million to the NAF account in the name of the Defendant.

The Defendant was paid KRW 10 million in total on four occasions, including remittance of KRW 2 million on May 21, 2013, when he/she borrowed money to the victim as he/she had difficulty in living, and paid KRW 10 million in total to the victim.

On July 17, 2013, the Defendant borrowed money from the victim at the above place on July 17, 2013 to the victim’s account in the above E’s name and received 4,50,000 won from the Defendant’s account on the following grounds: “I will pay the principal, and will pay 10% interest during the period when I will return the principal in October.”

As above, the Defendant, by deceiving the victim, acquired a total of KRW 24.5 million through six times, such as the annexed crime sight slip.

Summary of Evidence

1. C’s legal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (Presentation of victim-related records);

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act for the selection of punishment for the crime (including the fraud committed on May 21, 2013, which amounts to a total of 10 million won, including the fraud committed on May 21, 2013), and each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;