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(영문) 울산지방법원 2018.05.25 2017고단3212

사기

Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 1, 2015, the Defendant, on a taxi operated by the victim F in front of the E-2 factory operated by the Defendant F in Ulsan F in his/her first place, was on board a taxi in front of the E-2 factory, and was under his/her house, and borrowed KRW 10 million among them to his/her natives.

However, he/she shall also borrow money from others.

Before this month, the owner of the house who had been living before this month was entitled to return the deposit amount of KRW 40 million on the 25th of this month, which is written 80,000,000. If the deposit is not returned, he promised to pay the money on the 15th of the following month.

It is intended to lend KRW 9 million to Na with a prior interest deduction of KRW 6 million, including KRW 9 million if it is lent to Na, which shall be paid KRW 12 million.

“A false statement” was made.

However, the Defendant did not have a plan to enter the Rose of Sharon apartment at the time, but did not have to pay the money for lease on a deposit basis, and there was no intention or ability to pay the money for the 1.6 million won per month, while there was no specific property other than the monthly income. On the other hand, the Defendant had been urged to pay a fine of KRW 40 million, while he did not pay a fine of KRW 2,000,000 to the Defendant and was faced with economic difficulties to the extent that there was no living expense. Therefore, even if the Defendant borrowed money or received goods from the injured party, there was no intention or ability to pay the money.

Defendant deceptioned the victim as above and received 6 million won in cash from the victim’s taxi around November 19, 2015 from the victim’s damage victim, as well as by deceiving the victim at a total of eight times from around that time to February 21, 2016, and deceiving the victim on a total of eight occasions, such as the list of crimes in attached Form 1,328,00 won, and deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. A copy of the loan certificate, one-day check and Stockholm.