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(영문) 울산지방법원 2019.10.25 2018고단2923

사기

Text

A person shall be punished by imprisonment with prison labor for not less than eight months, or by imprisonment for not more than six months with prison labor for the crimes of No. 2 and No. 3 of the Judgment.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to six months of imprisonment for fraud, etc. at the Ulsan District Court on May 14, 2015. The same year

9.5. The above judgment has become final and conclusive, and on November 11 of the same year, the Ulsan Detention Center has completed the execution of the sentence.

【Criminal Facts】

"2018 Highest 2923"

1. In March 2017, the criminal defendant against the victim B made a false statement that “The victim B leased three floors of a new building in Ulsan-gun E, Ulsan-gun, and operated an entertainment drinking club as a club business, the victim B transferred the lease deposit and the costs of installing air-conditioning,” at the convenience store located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, to the victim B.

However, the defendant thought that he will pay money to be used individually, and even if he receives money from the victim, he did not intend to use the lease deposit and the fee for the installation of an air-conditioning service for operating an entertainment drinking club business.

Nevertheless, the Defendant, by deceiving the victim as such, received each transfer of KRW 10 million on March 24, 2017, and KRW 22.7 million on April 15, 2017 to the F Association Account (G) in the name of the Defendant, and acquired 22.7 million in total.

"2019 Highest 3203"

2. On October 25, 201, the Defendant, at around 13:00 on October 25, 201, made a false statement to the victim H, who was aware of it in the J restaurant located in Ulsan-gu I, Nam-gu, Ulsan-gu, that “I want to enter the 30 million won number system in which the party is the guidance. If I want to receive the guidance from the foregoing order, I would pay the deposit amount in good faith in 2.5 million won every month for the subsequent 15 months.”

However, in fact, the Defendant had a debt equivalent to KRW 17 million in K and L at the time, and the Defendant also had a debt equivalent to KRW 50 million for chines M, but the monthly wage is merely equivalent to KRW 2 million and there is no intention or ability to pay the fraternity every month thereafter even if the Defendant received the fraternity from the victim first.

Nevertheless, the Defendant deceivings the victim as above, and then is equivalent to KRW 2,748,00,00 from the victim on October 25, 201.