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(영문) 울산지방법원 2015.01.08 2014고단2927

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Busan District Court on September 27, 2012, and the said judgment became final and conclusive on October 5, 2012.

1. On June 24, 2010, the Defendant: (a) made a false statement to the victim D, who is a member of the same friendship as himself/herself, in his/her own residence located in Chungcheongnam-si, Chungcheongnam-si; and (b) that “I will repay money within a short period of time if I lend money.”

However, at the time, the Defendant did not have any particular revenue and property, and it is extremely difficult to obtain money from E on June 20, 2010, such as acquiring 48 million won from E, so even if he borrowed money from the victim, he did not have any intention or ability to make a full payment within a short period.

On the same day, the Defendant received KRW 5 million from the victim to the Agricultural Cooperative Account in the name of F in the name of the Defendant.

2. On September 8, 2010, the Defendant made a false statement that “Around September 8, 2010, the Defendant, who committed fraud, phoneed the victim D at the same place as the above paragraph 1, and, at the same time as the victim D, he/she would have repaid the money without a right molding with KRW 5 million prior to the lending of the money.”

However, as mentioned in the above Paragraph 1 above, the defendant was economically difficult, and even if he borrowed the above money from the victim, he did not have the intent or ability to complete the payment.

On the same day, the Defendant received KRW 6 million from the victim to the Agricultural Cooperative Account in the name of Defendant F. The Defendant received KRW 6 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. D's statement among the suspect interrogation protocol of the accused against the prosecution;

1. Each police statement concerning D;

1. Complaints, replies to requests for the provision of financial transaction information and investigation reports (Submission of data by victims);

1. Previous records: References to criminal records and investigation reports (Attachment to the same kind of case) and the application of statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes