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(영문) 울산지방법원 2019.05.23 2019고단85

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2019 Highest 85"

1. On September 2016, the Defendant made a false statement that “I will lend money to a person who wants to borrow 40 million won from a deposit as security to a third party at the residence of the victim of the building C in Ulsan-gu, Ulsan-gu, Seoul-gu, and that I will repay the principal within three months with the interest of the certificate of call in which I lend money again to the third party.”

However, at the time, the Defendant had the intent to use the borrowed amount equivalent to KRW 100 million as debt repayment, etc., and did not have the intent or ability to repay the borrowed amount.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received from the victim a total of KRW 40 million on October 25, 2016 and KRW 10 million on November 1, 2016.

Accordingly, the defendant was given property by deceiving the victim.

"2019 Highest 527"

2. Around October 2, 2018, the Defendant, at the Defendant’s house located in the Defendant’s apartment F apartment G located in Ulsan-gu, Ulsan-gu, U.S. apartment site G, the Defendant visited the Defendant’s house located in the Internet HKafe I, and told the victim to contact with the victim and sell the Defendant’s 193,000 won.

However, since the defendant did not possess the above Someras, the defendant did not have any intention or ability to sell the Carmeras to the victim from the beginning.

The Defendant, as such, by deceiving the victim, received KRW 193,00 from the victim to the K Bank account under J (L).

3. On October 12, 2018, the defrauded of the Victim M, the Defendant, at the above Defendant’s office, sent a false statement that he/she would sell the said bicycle parts to 183,000 by visiting to the Internet HCNN at the victim’s office and communicating to the victim at the victim’s place.

However, the Defendant did not possess the above bicycle parts, from the beginning.