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(영문) 울산지방법원 2016.12.02 2016고단1640

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 16, 2010, the Defendant was sentenced to two years of a suspended sentence of one year for occupational embezzlement, etc. in Busan District Court’s branch branch branch, and the said judgment became final and conclusive on May 26, 201, and on June 20, 2012, the same court was sentenced to ten months of imprisonment for a violation of the Act on the Control of Narcotics, etc. and the suspended sentence was invalidated on January 19, 201, and the execution of the said sentence was terminated in a government prison on January 19, 2014.

On November 21, 2014, the Defendant paid KRW 100,000 to the victim D as the lease deposit to the building owner who intends to operate the FF in the building on the ground of Kim Jong-si, Kim Jong-si. In the event of an investment in the above age club, the Defendant made a false statement to the effect that “The principal shall be repaid within two months, the interest shall be paid in 300,000 won per month, and the shares of the above age club shall be provided.”

However, in fact, the Defendant did not have paid KRW 100 million to the owner of the above building at the time. However, while there was no particular property or income, it was registered as a bad credit holder due to the payment of credit card price of KRW 18 million. In addition, since October 4, 2012, the Defendant had been conducting an auction on the above building and was unable to normally operate the above age club due to the fact that he was unable to receive additional investment other than the victim, and thus, he did not have any intent or ability to repay the amount even if he received money from the victim or received an investment.

Nevertheless, on November 27, 2014, the Defendant: (a) by deceiving the victim; (b) received 30 million won from the victim to the bank account in the name of the Defendant’s wife from the Defendant’s bank account; (c) and (d) received a total of 16 times from around that time to January 20, 2015, as indicated in the attached list of crimes; and (d) received a remittance under the name of borrowed money or investment money in total of KRW 234 million from that time to January 20, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report Nos. 6, 8, 9, 9.