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(영문) 울산지방법원 2015.07.16 2015고단804

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 804"

1. From around December 2011, the Defendant: (a) was working as a tourist bus driver at the E-tourism bus company located in Ulsan-gu, Ulsan-gu; (b) was introduced from the land manager C on December 201, 201; and (c) was doing so as to be a valuable asset with the victim; (d) was able to store the victim’s trust; and (e) receive money from the victim under various names.

On January 20, 2012, the Defendant made a false statement to the victim G Apartment 103 Dong 701, a residence of the victim in Ulsan-gun, Ulsan-gun, Ulsan-gun, stating, “The Defendant is the head of the four tourist buses in the Republic of Korea, and the members of the Ulsan-gu Police Station H Committee of the Ulsan-gu Police Station. It is necessary to pay money now. The Defendant borrowed 50 million won as collateral and borrowed her house to pay money. If he/she fails to pay money, he/she will also sell the bus in the Republic of Korea.”

However, in fact, the Defendant was in a bad credit holder status at the time, and the operation of the above tourist bus was not performed normally, and was unable to pay the rent for the use of the tourism bus to be paid to the above E-tourist bus company. The bus whose installment was paid in full among the tourism bus owned by the Defendant was not a short credit, and was in excess of the obligation, such as the Defendant was liable for the guaranteed liability of KRW 30 million due to the Defendant’s pro-friendly guarantee, and thus, the Defendant did not have any intent and ability to repay the loan even if it was borrowed from the victim.

The Defendant received 50 million won in cash from the victim on the same day on the same day.

B. Around February 10, 2012, the Defendant made a false statement to the victim stating that “A person need to pay money as much as the circumstances of tourist bus funds are good. A person may receive a loan up to the limit of the house as collateral and receive money. A person shall repay money borrowed at a time if the house exceeds 10,000 won.”

However, it is true.