beta
(영문) 울산지방법원 2017.01.12 2016고단3246

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

After being aware of the victim C through the introduction of around 2014, the Defendant created trust by emphasizing the re-performance of the victim as if he directly owns and operates the manufacturer company of the parts of the Gulsan Hyundai Motor Vehicle, the gas station, and the KIKO.

On March 2015, the Defendant, at the 1st floor coffee Do apartment in Ulsan-gu, Ulsan Metropolitan City around March 2015, entered the victim’s “at the time of entry of the additional investment in the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do.”

It is possible to lend money to many people who temporarily borrow money from the surrounding areas due to a large amount of assets due to gas stations, hot spring business, large-scale side, etc. and to receive interest thereon.

The Court stated that the payment of KRW 200,000 shall be made with the interest of KRW 200,000,000 for 4 months, and the principal shall be paid in full after 4 months.

However, in fact, the Defendant did not own and operate the manufacturer company, gas station, and KIKO of the parts mentioned, and there was no effort to pay the borrowed money by lending the borrowed money from the damaged person to another person, and there was no intention or ability to pay the borrowed money by personal use of the borrowed money from the damaged person.

Ultimately, the Defendant, as seen above, by deceiving the victim, received KRW 100 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on May 7, 2015, and KRW 100 million from May 15, 2015 to the National Bank Account under the name of the Defendant, a corporate E, operated by the Defendant, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (including the C statement);

1. Statement made by the prosecution against the F;

1. Statement made by the police against C;

1. A written complaint and a written statement;

1. Details of passbook transactions, a certificate of borrowing, a certificate of cash custody, and a statement of confirmation;