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(영문) 울산지방법원 2020.08.19 2020고단1502

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. A. On April 17, 2019, the fraud Defendant: (a) concluded on April 15, 2019, that “A victim B, a guidance holder, was admitted to three household units consisting of three household units consisting of 10 million won per unit; (b) if the Defendant borrowed KRW 20 million per unit, the principal shall be repaid on April 17, 2020; and (c) interest shall be paid in 100,000 won per month on April 17, 202.”

However, the Defendant, without any special property at the time, had a debt equivalent to KRW 100 million, and was economically difficult to cope with the monthly payment and interest, and the money received from the victim was thought to be used for the repayment of the existing debt, so there was no intention or ability to repay the said money even if he borrowed the said money.

Nevertheless, around April 17, 2019, the Defendant, by deceiving the victim as above, received KRW 19 million from the victim a deduction of KRW 1,00,000,000 from the victim as the borrowed money.

B. From May 17, 2019 to May 15, 2019, the Defendant was at the place indicated in paragraph 1(a) around May 15, 2019.

The victim made a false statement to the effect that “The principal to be paid with the face value of KRW 10 million on August 10, 2020 shall be paid with the face value of KRW 10 million on the old unit, and the interest shall be paid in 50,000 on the 17th day of each month at the rate of KRW 5% on the 17th day of each month.”

However, the Defendant, without any special property at the time, was in an economically difficult situation to cope with the payment of the monthly deposit and interest due to a debt equivalent to KRW 100 million, and the amount received from the victim was thought to be used for stock investment, and thus, there was no intention or ability to repay the said amount even if he borrowed the said money.

Nevertheless, on May 17, 2019, the Defendant deceivings the victim as above and deceivings the victim.