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(영문) 울산지방법원 2013.07.19 2013고단1721

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 1, 2011, the Defendant made a false statement to the victim C, “If he/she would be able to use a certain amount of 5 million won for a short time, he/she would pay interest on the 5th of each month, and he/she will repay the principal after two months.”

However, there was no intention or ability to repay the borrowed money.

The defendant was delivered to the Busan Bank account (E) in the name of the defendant's father, i.e., KRW 4.75 million after deducting KRW 2.50,00 from the victim's seat.

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

2. On September 5, 201, the Defendant made a false statement to the effect that the principal would be paid by paying dividends equivalent to KRW 10 million to the 5th of each month to the victim C, as the Defendant may receive a large amount of dividends by investing the victim C in the front of the Dong Branch Center located in the Dong-dong, Ulsan-gu, Ulsan-gu, Dong-gu, Dong-gu, Dong-gu.

However, due to the need for credit card payment and personal debt repayment, there was no intent or ability to pay dividends to the victim by investing in the above company with the money borrowed from the victim, and there was no need to pay the interest every month from the principal borrowed from the victim.

The Defendant received 9.8 million won from the seat to the Busan Bank Account (E) in the name of the Defendant’s father.

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

In addition, the Defendant, from that time until April 20, 2012, by deceiving the victim from that time to that time, received a total of KRW 73 million from C, as stated in the separate crime list.

3. On May 5, 2012, the Defendant paid the interest of five (5) parts per month to the victim C in front of the Dong Branch Center located in Ulsan-gu Dongdong-dong, Ulsan-gu, where it is difficult for the Defendant to make an investment due to the shortage of balance in the cost of planning real estate.