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(영문) 울산지방법원 2019.02.14 2018고단2862

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

around September 5, 2017, the Defendant stated that “A victim C, who was aware of the fact that he traded in the Pyeongtaek-gu B market in Changwon-si, Changwon-si, Seoul, would be able to make payment without a molding one month after the lapse of one month if he borrowed KRW 20 million in order to purchase a store at a price lower than the market price.” On the other hand, the Defendant said that “I will make payment one million won after one month after the lapse of one month.”

However, in fact, the Defendant thought that he would have consumed the cash borrowed from the victim with the payment of credit card bills and the payment of private loan bills at the time, and at the same time there was a debt of KRW 30 million with the credit card use price and loan, and KRW 10 million with the private loan supply price, while the recoverable credit was in an economic difficult situation, such as there was no amount of approximately KRW 10 million, and thus there was no intention or ability to normally repay the cash borrowed from the victim.

The Defendant was transferred KRW 20 million from the victim to the D Association account (E) in the name of the Defendant on the same day.

around April 5, 2018, the Defendant stated that “The Defendant would pay KRW 10,80,000,000 to the victim’s “H” office in the Seo-gu Busan Metropolitan City F (the age of 49 years at that time)’s operation of the Victim G (H) located in Seo-gu, Busan Metropolitan City, that “The Defendant would pay KRW 300,000,000 to the customer by the day immediately following the week.”

In fact, when the Defendant was paid KRW 6,960,00 from I at the end of January 2018, and was paid KRW 200,000 from I to I, the Defendant received KRW 3,720,000 from I for the payment of the card value, and attempted to receive KRW 3,722,00,000 for the Defendant’s credit value and supply it to I as it is. There was no amount that can be recovered from the Customer, and there was no amount that can be recovered from the Customer from the Customer. In addition, the Defendant was liable to pay approximately KRW 7,00,000 for the amount of KRW 3,00,000 from the victim.