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(영문) 울산지방법원 2018.08.30 2018고단2084

사기

Text

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

Reasons

Punishment of the crime

On February 27, 2016, the Defendant would pay the principal and interest of the victim C who was working in the Hyundai Motor Office in Ulsan-gu, Ulsan-gu, 700 of a 700-ro Malsan.

“The meaning of “.......”

However, the Defendant had a personal obligation of at least KRW 300 million at the time, and the Defendant’s income was difficult to pay the principal and interest of an existing obligation, and thus, the Defendant did not have any intent or ability to pay the principal and interest as agreed to by the victim, even if he borrowed money from the injured party.

Nevertheless, the Defendant, as above, received KRW 21,637,680 from one bank account (Account Number: D) in the name of the Defendant from the victim, and received KRW 21,637,680 from the victim under the name of the Defendant from the victim, from that time to October 16, 2017, as shown in the list of crimes in the attached Table, and received KRW 210,133,130 from the victims on seven occasions as loans.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made in relation to E, C, F, and G;

1. Each complaint;

1. Application of Acts and subordinate statutes on the verification of request for remittance, the certificate of confirmation of transfer, the copy of account, and account details;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of the recommended punishment] There is no person who has no basic area (1 to 4 years) (1 to 50 million won) of the basic area (1 to 4 years) of the type (1 to 10 million won, and less than 50 million won) of the Act on the Aggravated Punishment of Concurrent Crimes / The sum of the amount obtained through deception exceeds 20 million won, and there

However, some of the damages have been repaid, efforts have been made to repay the damages, and the confession has not been made.

In addition, the defendant's age, environment, motive and background of the crime, relationship with victims, etc.