beta
(영문) 울산지방법원 2018.10.25 2018고단1731

사기

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 8, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Ulsan District Court, which became final and conclusive on the 16th of the same month.

1. On November 2, 2016, the Defendant against the victim C by telephone to the victim C, who was a school building in Ulsan Fransan Franchiscison, who managed the Busan Franchiscis.

In order to pay a deposit to the store owner, the store owner who manages the store, the store owner did not have a deposit, and the store owner did not receive a large amount of interest, instead of paying a large amount of interest.

A false statement was made that the monthly interest shall be paid in 20,000 won and shall be repaid within six months on the face of each share with a loan of KRW 10,00,000.

However, in fact, the defendant did not have any words to manage Busan department stores, and there was no deposit to pay, and there was no thought that the amount to be received from the victim was used as a means of living expenses or personal debt repayment, and there was no particular income, and there was no intention or ability to pay the amount to the victim within six months.

The defendant deceiving the victim as above and received KRW 10 million from the victim as the loan money on the same day from the victim to his own name on the same day, and as shown in the list of crimes in the attached Table from December 28, 200 to December 28 of the same year, the defendant deceiving the victim by the same method, and received a total of KRW 43 million from that time to December 3 of the same year.

2. On May 25, 2017, the Defendant against the victim D may move to the victim D, who was a school building in Ulsan Franchiscison site, by telephone, to pay the hospital expenses when the father intends to move the hospital from Daegu to racing.

In this regard, the hospital expenses were insufficient and the hospital expenses were loans of 2 million won as the hospital expenses were false.

However, it was thought that money to be received from the victims was used for the cost of living, such as credit card payment.