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(영문) 울산지방법원 2017.10.26 2016고단4106

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 2014, the Defendant was aware that he was given a prior loan to a person in charge of the name and incompeting lending Co., Ltd. in Ulsan-gu B, Ulsan-gu.

The name and resident registration number of C made a false statement that “I will pay the principal and interest within the due date for repayment of the loan”.

However, the Defendant did not have obtained consent from the above C to receive a loan under the name of C, and the credit card price of KRW 20 million was in arrears on or around 2014, and thus, the Defendant was unable to pay the credit card price and the interest on the existing loan under the bad credit standing thereafter, and thus, there was no intention or ability to pay the loan even if it received a new loan as above.

The defendant deceivings the victim as above and was given KRW 2,00,000 on the same day to the victim as the loan.

From that time until December 30, 2015, the Defendant received total of KRW 15,00,000 from the victims by the same method four times in total, as indicated in the list of crimes below.

The summary of the evidence of KRW 15,00,000, in total, KRW 3,000,000, in around September 15, 2015, by making a false statement as if the victim of temporary criminal facts suffered a loan and repaid it in a normal manner while taking advantage of the loan around September 3, 2014, around September 30, 2015, by acquiring the loan, the summary of the evidence of KRW 3,000,000, in around September 30, 2015, concerning the social loan of KRW 3,000,000, in the case savings bank, and the loan and loan of KRW 2,00,000,000, in around December 30, 2015.

1. Statement made by the police against C (including substitute part);

1. Application of Acts and subordinate statutes on transaction details;

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

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code [Sentencing] of the Act on the Aggravated Punishment of Concurrent Crimes (hereinafter “Aggravated Punishment”), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (hereinafter “Aggravated Punishment”), the amount of fraud, recovery of the damage, and the victims’ wish to punish the victims.