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(영문) 울산지방법원 2014.08.01 2013고단3028

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[2013J 3028] The Defendant met the victim C, a high school teacher, through the marriage information company on September 2012, 2012.

1. On September 11, 2012, the Defendant called the victim at a place where it is not known to him/her, and made a false statement to the effect that “If he/she lends money to him/her five million won as he/she is required to pay the money, he/she shall pay it after one week.”

However, at the time of bad credit standing, the Defendant was not only about KRW 70 million, but also about KRW 70,000,000 of the Defendant’s management company’s debt, which did not pay material and personnel expenses, and even if the Defendant borrowed money from the said victim, there was no intent or ability to repay the debt.

The Defendant, as above, by deceiving the victim, received KRW 5 million from the victim to the Defendant’s account using the Defendant as the borrowed money.

2. 피고인은 2012. 9. 17.경 알 수 없는 장소에서 위 피해자에게 전화하여 “밀양 공사건을 땄는데 자재비가 없어서 그러니 자재비를 좀 보내주면 3개월 후에 원금을 갚아 주겠다.”고 거짓말을 하였다.

However, at the time, the defendant was not ordered to do so, and even if he borrowed money from the above victim, such as the statement in Paragraph 1, there was no intention or ability to repay it.

The Defendant, by deceiving the victim as above, received 30 million won from the victim to the Defendant’s account using the Defendant as the borrowed money.

3. On September 28, 2012, the Defendant called the said victim at a place where it is not known to him/her around September 28, 2012, and made a false statement to the effect that “I would not have any circumstances to reduce monthly salary to the prosecution employees, and I would have to do so.”

However, at the time, the defendant did not have the intention or ability to pay the above even if he borrowed the money from the victim, such as the statement in Paragraph 1.

As above, the defendant deceivings the victim and is under the pretext of the loan from the victim.