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(영문) 울산지방법원 2015.11.19 2015고정634

사기

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant did not enter into a lease agreement of KRW 10,00,000 to L who is the owner of the house in Ulsan-gu, Ulsan-gu, and even if the Defendant borrowed money from others with bad credit standing, the Defendant did not have any intent or ability to repay the money within the fixed period.

1. On November 30, 2007, the Defendant, who acquired through deception on November 30, 2007, presented a lease agreement of KRW 10 million,00,000,000,000, which was forged by an irregular means, to the victim, on November 30, 2007, when the victim was a victim N's legal party located in Ulsan-gu M, Ulsan-gu, Seoul-gu, and would be repaid to the victim for every two months, if he was to receive monthly salary, and if he borrowed KRW 2 million, he would be paid every month. In addition, he would be responsible for the real estate lease agreement with L which is the owner of the house as security.

The Defendant received 2 million won as a loan from the victim, i.e., the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 17, 2007, the criminal defendant acquired through deception by fraud means that on December 17, 2007, the Section of the Do consul who is in the south-gu Southern-gu, Ulsan-gu, Seoul-do, and the above victim “on the other hand, he/she must make a payment by March 17, 2008, if he/she borrowed KRW 5 million.”

The Defendant received 5 million won from the victim, namely, from the victim, i.e., the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of N respective police statements;

1. Application of Acts and subordinate statutes to a copy of the certificate of borrowing or a copy of real estate lease contract;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;