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(영문) 울산지방법원 2017.12.14 2017고단3854

사기

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Ulsan District Court for fraud, and the said judgment was finalized on May 27, 2016.

On December 1, 2014, the Defendant, at a folklore station located in Ulsan-gu, Ulsan-gu, Seoul-do, with no knowledge of the name, is difficult to use funds to the victim D to give up against the victim.

A false statement was made that 5 million won will be repaid within three months from the loan.

However, the Defendant, from October 2013 to KRW 45 million, was making a so-called “return prohibition” to repay the existing debt with money from other persons, while the Defendant from around 40,000 to KRW 45,000,00,000, and it was difficult for the Defendant to continue to increase the amount of debt due to the fact that there is no intention or ability to repay the said money from the damaged person during the repayment period.

On December 12, 2014, the Defendant received 4,300,000 won from the injured party to the Saemaul Treasury account in the name of the injured party and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a certificate of borrowing;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (net 11), and econet search results of the relevant case;

1. Article 347 (1) of the Criminal Act applicable to the crime ( various extenuating circumstances, such as the size of the punishment - the selection of punishment - the amount of fraud - the intent to punish the victim, the partial repayment, the fact that the crime is a single concurrent crime after Article 37, the attitude of reflectivity, etc.);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;