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(영문) 울산지방법원 2020.09.10 2018고단2445

사기

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a voluntary security guard of the "C Voluntary Security Guards" located in Ulsan-gu B, Ulsan-gu, and the victim D is a chief of the crime security guards.

On October 24, 2012, the Defendant made a false statement to the effect that “The Defendant would lend money to the Defendant with a loan that he/she has not repaid while purchasing the house” on the front of the “C Voluntary Crime Prevention Center” located in Ulsan-gu, Ulsan-gu, Seoul-do.

However, in fact, from around 2008, the Defendant has received loans repeatedly from various loan companies, capital companies, etc., and there was no property owned by the Defendant under the name of the Defendant, and even if there was no income, there was no intention or ability to repay the loans even if it borrowed money from the victim.

The Defendant, as above, by deceiving the victim, received KRW 15 million from the victim on October 24, 2012 from the victim, and received KRW 274 million from the date and time to May 26, 2016, as shown in the list of crimes in the attached Table, from the victim to the date and time to May 26, 2016.

Summary of Evidence

1. Statement made by witnesses D in the third protocol of the trial;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Each police statement concerning D;

1. F's certificate;

1. Complaints, E Bank transactions, G personal credit loan applications, H Bank debt certificates, copies of passbooks, J Bank transaction confirmations, J Bank credit transaction agreements, insurance contract balance certificates, insurance contract loan transaction certificates, insurance contract loan transaction documents, loan transaction documents, loan transaction documents, loan transaction specifications, loan certificates, loan statement, loan statement, loan statement, loan statement, loan statement, deposit sheet, K card use, L card use details, deposit card transaction statement, other search and seizure response data, investigation cooperation reply, K card details, investigation cooperation reply;

1. To analyze investigation reports (documents to be submitted by the victim), investigation reports (attached to entry of I Bank cards, monetary statements, and details of transactions), investigation reports (referring to the documents to be submitted by the victim and accompanying documents), investigation reports, search, seizure and verification warrants, and the response details;