beta
(영문) 울산지방법원 2017.03.23 2016고단3555

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

1. On May 2013, the Defendant would pay the victim C with the money borrowed by withdrawing the money from the bank as the seizure of the bank passbook is cancelled because the bank passbook in the name of D corporation, the representative director of the D corporation, and the bank passbook deposited in the amount of KRW 3 billion, has been attached to the court.

“A false representation was made.”

However, in fact, the defendant was operated.

D was closed at the time, and there was no fact that KRW 3 billion was deposited in the above passbook of the company, and there was no other property or income than KRW 50 million in the course of operating the company, and there was no other property or income, and there was no intention or ability to repay even if it was borrowed money from the injured party due to overdue credit card payments and loans.

The Defendant, as such, by deceiving the victim, received KRW 70 million from the victim under the pretext of borrowing money.

2. On June 2013, the Defendant would pay the said victim the money borrowed by withdrawing the money of the head of the Tong as the seizure of the head of the Tong would be cancelled if the deposit is leased, and the due date for payment will be July 30, 2013, and the interest will be paid at 17% per annum on the date of repayment and at 22% per annum on the delayed damages if the loan is made.

“A false representation was made.”

However, the defendant did not have any intention or ability to pay the damages even if he borrowed the money from the damaged person, such as Paragraph 1.

The Defendant, as such, by deceiving the victim, received KRW 60 million from the victim under the pretext of borrowing money.

3. On December 2013, the Defendant, at the “G” clothes store operated as a partnership business with the above victim in Ulsan-gun F, Ulsan-gun, Ulsan-gun, stating that “Around December 2013, the Defendant made a false statement to the said victim that “I would make a head of the Tong and pay the card payment to the said victim with a loan of 0 million won.”

However, the defendant is in accordance with Paragraph 1.