beta
(영문) 울산지방법원 2014.05.15 2012고단1695 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 24, 2005, the Defendant: (a) on August 24, 2005, at the D restaurant located in Ulsan-gu, Ulsan-gu, Seoul-do, that “The Defendant would make a repayment of credit cards and pay a retirement allowance after one year if the Defendant borrowed five million won as the financial standing is difficult to make a payment; and (b) would make a payment of the principal interest even if he borrowed money; and (c) was remitted from the victim, on August 25, 2005, five million won in the name of the loan money borrowed from the Defendant’s bank account in Chungcheongnam-gu, Ulsan-do.

2. The Defendant, around 11:00 on March 2, 200, at the victim E-house in Ulsan-gu, Ulsan-gu, 101 Dong 2002, the Defendant was willing to use the purchase cost of sports earth lottery tickets or the repayment of personal debts, and, even though there was no intent or ability to make the repayment by the agreed date, the Defendant made a false statement that “on the other hand, if he borrowed money to repay the loan, he would make the repayment by August 17, 2009, such as the money borrowed before the loan, and would make the interest payment.” The Defendant was remitted from the victim, namely, from the Defendant’s seat to the Defendant’s new bank account, KRW 4 million under the pretext of the loan borrowed from the Defendant.

3. Around 13:00 on March 24, 200, the Defendant made a false statement that “the Defendant would repay the card value within one week if he/she had no intention or ability to pay the card value rapidly,” while he/she had an intention to use it for the purchase cost of sports earth lottery tickets or for the repayment of personal obligations, and at least 30 million won, he/she did not have an intention or ability to pay the debt within the agreed period.” The Defendant was remitted from the victim to the Defendant’s new bank account around March 30, 2009.

4. On April 2009, the Defendant was an intent to use the money to purchase sports earth and sand lottery tickets, monthly rent, etc., and the Defendant had no money to pay 30 million won within the agreed time limit. If 300,000 won were to be lent to the VictimJ while there was no intention or ability to pay 30,000 won within the agreed time limit, the Defendant did not want to pay 30,000 won monthly salary.