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(영문) 울산지방법원 2015.01.22 2014고단949

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around May 5, 2007, the Defendant’s fraud against the victim B made a false statement to the victim by using a mobile phone in the D hotel located in Yangsan-si, Yangsan-si, that “I will sell one bond out of the apartment 2 bonds owned by his/her husband and wife within one month if he/she borrowed five million won as his/her husband and wife met with his/her ability to attend his/her workplace in Yangsan-si.”

However, even if the defendant did not own apartment and borrowed the above money, he thought that he will use it for the payment of living expenses or personal debt, and there was no intention or ability to pay it otherwise.

Around the 8th day of the same month, the Defendant, by deceiving the victim, received money in the name of five million won from the borrowed bank account in the name of Korea-U.S. bank account (F), a cafeteria where the Defendant is working.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, at the end of May 2007, committed fraud against the victim G while getting on a vehicle operated by the victim G while driving a day in Yangyang-si, Yangyang-si at the end of May, 2007, stating that “The Defendant would give monthly pay to the employees of the company and the money to the head of the Tong because he was going to do so. At present, the Defendant would give 200,000 won interest per month if her husband borrowed 2 million won as her husband would have borrowed her money without a distance of business trip.”

However, in fact, the defendant was working in the house of the business owner, but the business was not denied, and the monthly income is merely one million won and there was no intention or ability to repay the money even if it was borrowed money from the victim.

As such, the Defendant received or remitted a total of KRW 7.4 million from around that time to July 2007, by deceiving the victim as above, namely, receiving KRW 2 million from tin as a loan borrowed, etc., as shown in the annexed crime list, from around that time to July 2007.

Accordingly, the defendant was given property by deceiving the victim.

(i) the evidence;