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(영문) 울산지방법원 2013.05.10 2012고단2584

사기

Text

A person shall be punished by imprisonment with prison labor for one month or more, or by imprisonment for two or three months with prison labor for a crime set forth in the judgment of the court below.

Reasons

Punishment of the crime

On October 28, 2011, the Defendant was sentenced to two months of imprisonment and fines of KRW 11,00,000 for fraud, etc. at the Ulsan District Court. On November 5, 2011, the said judgment became final and conclusive on November 5, 201, and the execution of the said imprisonment was terminated on May 26, 201.

1. On February 201, 201, the criminal defendant against the victim C made a false statement to the victim C, who is an employee, within the Eda room located in Ulsan-gu, Ulsan-gu, U.S., U.S., on the first day of February, 201, stating that “The defendant would immediately pay the amount of KRW 500,000,000,000,000,000,000,000,000,000,000 won.”

However, in fact, the Defendant did not work for the Hyundai Heavy Industries and did not have any special property or ability, so even if he borrowed money from the victim, he did not have any intent or ability to repay it.

The Defendant received 500,000 won from the victim, namely, the money borrowed from the seat.

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

2. On February 1, 2012, the Defendant against the victim F made a false statement to the effect that “a bank located in Ulsan-gu, Ulsan-gu, Seoul shall deposit KRW 1 billion in the borrowed account, and if he/she intends to find it, he/she shall do so to the person in charge.” On February 2, 2012, at G restaurant around 10:30 on February 2, 2012, the Defendant lent money to the professor of the Party who is the professor of the Party who is in need of a full payment to lend money on the security of the difference.”

However, the defendant did not have deposited KRW 1 billion, and from the beginning, the defendant acquired money from the victim as collateral and used it as a bicycle racing fund. Since there was no special property or occupation, there was no intention or ability to complete payment even if he borrowed money from the victim.

The defendant belongs to this.