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(영문) 울산지방법원 2019.11.22 2019고단2466

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 2010, the Defendant made a false statement to the victim D, who had been at the time of Ulsan-gun Budio C, Ulsan-gun, Ulsan-gun, U.S., the Defendant at the time of the Defendant’s offering of credit card payment, stating that “I would pay the credit card payment up to the present time. If I would lend three million won as I would have lower credit rating if I would have to pay the credit card payment.”

However, at the time, the Defendant was in bad credit standing, and there was a personal debt exceeding KRW 100 million, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, was immediately given three million won to the victim in cash.

2. Around May 24, 2010, the Defendant made a false statement that “The Defendant would immediately repay a bill to the Plaintiff by exchanging the down payment of KRW 20 million as it is difficult to pay the down payment due to the fact that he/she was unable to pay the down payment due to the fact that he/she did not pay the down payment due to the fact that he/she did not pay the down payment due to the fact that he/she did not pay the down payment due to the lack of the bill.”

However, as above, the Defendant was in a bad credit position at the time, and there was an individual debt exceeding KRW 100 million, and there was no think that the Defendant borrowed money from the victim for a new project, and thus, there was no intention or ability to repay the money to the victim even if he borrowed money.

The Defendant, as above, by deceiving the victim, received KRW 19 million from the Agricultural Cooperative Account (G) in the name of the victim at around 11:00 on the same day, and received KRW 1 million from the beginning of May 201, 201, totaling KRW 98 million from the victim to the early of 11:00.

Accordingly, the defendant is a total of 110 million won from the victim.