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(영문) 울산지방법원 2017.07.12 2016고단776

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"The defendant, on May 25, 2013, at the defendant's house located in Ulsan-gu Northern-gu C around May 2013, 2013, presented a written certificate, such as Ba, in the name of the defendant and the defendant's wife, to the victim D, and "a cost of KRW 100 million is required to purchase scrap iron."

The interest shall be paid in 2.5 million won per month, and the principal shall be repaid after one year.

The value of real estate is also sufficient.

If the borrowed money is not repaid, the real estate will be disposed of, but the borrowed money will be repaid in order to return the real estate.

“A false representation was made.”

However, at the time, the Defendant had a debt amounting to KRW 235 million in total with loans, such as Hyundai Capital, Industrial Bank of Korea, and the amount of goods paid to individuals. The Defendant was willing to use the loan from the victim to repay the debt to the bond company, and the real estate provided as security was already subject to prior collateral security, and there was no value at all as security. Therefore, even if the Defendant borrowed money from the victim, it did not have any intent or ability to complete payment.

The Defendant, as such, by deceiving the victim, received KRW 100 million from the injured party on the same day as the borrowed money.

In addition, the Defendant received a total of KRW 265 million from the injured party over 12 times in the same manner as indicated in the list of crimes in the attached Table from March 25, 2014, from that time until March 25, 2014.

On November 11, 2013, the Defendant indicated H’s business registration certificate, a certified copy of the real estate register of No. 202, Ulsan-gu, U.S., U.S., U.S., and JM’s truck registration certificate to the victim at “G” office, which is a scrap metal company operated by the victim F, on November 11, 201, 15:00,000, the Defendant used the Defendant “H, the automobile component company, with a profined amount of KRW 100,000,000,000.”