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(영문) 울산지방법원 2017.02.02 2016고단4009

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 10, 2016, the Defendant: (a) at a workplace of the Defendant’s workplace located in Ulsan-gu, Ulsan-gu, U.S., U.S., the Defendant: (b) to the victim E, a workplace member, “The parents need to pay money to the Defendant; (c) to lend money to the Defendant; (d) to the Plaintiff E, a member of the workplace, a member of the Dong-gu, the Defendant sold

“The phrase “ was false.”

However, at the time, the Defendant did not have been aware that the parent was guilty, and that the money borrowed from the injured party was used for an illegal sports soil entertainment. At the time, there was an amount equivalent to KRW 80 million, and the Defendant’s monthly wage was difficult to pay interest on the above obligation, and even if he sold the apartment, even if he sold the apartment, he did not have any intent or ability to pay the amount of the money actually receivable if the money was paid for the loan established on the apartment, and even if he was paid for the apartment, he did not have any intention to pay the money from the injured party.

Around August 10, 2016, the Defendant, by deceiving the victim, received KRW 10 million from the victim, to the Busan Bank account in the name of the Defendant, and received KRW 10 million from the victim. From July 9, 2016 to September 19, 2016, the Defendant received KRW 81,700,000 on a total of 23 occasions from the 14 victims, as indicated in the separate crime list, and had the victim F obtain a joint and several surety for KRW 60 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police for E;

1. Each statement and written statement;

1. Details of remittance of accounts, details of repayment of loans on an account, and details of account transactions;

1. Application of Acts and subordinate statutes of each investigation report;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] the basic area (from August to four years) (the aggregate of the two types of concurrent crimes) of Type 2 (at least KRW 100 million, but less than KRW 500 million).