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(영문) 울산지방법원 2016.07.22 2016고단720

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On June 3, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for embezzlement, etc. at the Ulsan District Court, and the judgment became final and conclusive on June 11, 2016.

[Criminal facts] The Defendant cannot withdraw money from the victim C at an unspecified place on March 17, 2015.

The payment of money at present was made, but the loan of 110,000 won was made by false means.

However, the defendant did not have any specific property as a bad credit holder at the time, and not only bears 300 million won or more, and even if he borrowed money from the injured party, he did not have any intention or ability to repay it.

The Defendant, as such, by deceiving the victim, remitted one million won to the modern securities account under the name of the Defendant on the same day from the victim, and, from May 31, 2015, received a total of 3,5610,000 won from the damaged party over 13 times, such as the statement in the list of crimes, from around May 31, 2015, and acquired property benefits equivalent to 3,980,00 won.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the C confrontation);

1. An inquiry of account transactions, details of credit card use, and details of transactions;

1. The Defendant’s photograph, Kakao Stockholm photograph, recording, and confirmation note (D)

1. An investigation report (the 13,21) ;

1. Previous conviction in the judgment: The defendant and his defense counsel asserted that there was no fact of receiving KRW 24.1 million from the 11st to the 24.1 million table of crime in the judgment, and that there was no fact of deception as stated in the judgment, since he merely borrowed money or borrowed credit cards.

However, the consistent statement of the victim and objective circumstances consistent with it (the fact that the victim has withdrawn money of KRW 30 million around that time, the fact that agricultural bags and cash belts are discovered in the defendant's dwelling, and the victim is bound by cash to any male.