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(영문) 울산지방법원 2014.04.24 2013고단3982

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On August 2012, the defrauded made a false statement to the effect that “The Defendant, at the Defendant’s residence located in Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu, would use the Defendant for three months if he/she lent KRW 20 million to the victim E, give KRW 1 million per month interest, and pay the principal without molding until November 27, 2012.”

However, the defendant did not have the intent or ability to repay the borrowed money more than three months, even if he borrowed the borrowed money from the victim because he was unable to repay the borrowed amount equivalent to KRW 250,000,000,000 from the surrounding people such as F and G.

Around August 27, 2012, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim via the Agricultural Cooperative Account (No. H.) in the name of the Defendant’s name.

2. On October 2012, 2012, the Defendant: (a) made a false statement to the effect that “The Defendant acquired an I factory in the eroon villages at KRW 3 billion by phone call from the victim; (b) if around March 2013, he/she would be paid KRW 5 billion; (c) if money is urgently needed, he/she would pay interest of KRW 2 million per month; and (d) he/she would borrow money together with KRW 20 million before the end of December 2012.”

However, in fact, the Defendant did not take over an I factory and did not have any particular revenue or possession property, and it was difficult to repay the principal and interest of the obligation to the branch as referred to in the above 1. Paragraph (1). Therefore, even if the Defendant borrowed money from the victim, he did not have any intention or ability to repay it until the end of December 2012.

Around October 19, 2012, the Defendant, by deceiving the victim as such, received money KRW 40 million from the victim to the said Agricultural Cooperative Account from the victim.

Summary of Evidence

1. Each legal statement of witness E, J, K, L, and M;

1. Deposit certificates without passbooks;