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(영문) 울산지방법원 2015.02.12 2014고단2983

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Fraud;

A. On May 18, 201, the Defendant made a false statement to the victim E, who was aware of real estate transaction at the D real estate office operated by the Defendant in Ulsan-gu, Ulsan-gu, by phoneing to the victim E, who was aware of in the course of trading real estate at the D real estate office operated by the Defendant, and “I will immediately repay money within one month at the latest if I lend money.”

However, the fact that the defendant's wife did not operate clothes in the Dong-dong and did not think that the money received from the victim was used for personal purposes as well as that there was no intention or ability to repay the money within one month even if it was borrowed from the victim.

The Defendant, by deceiving the victim as above, received KRW 25 million from the Agricultural Cooperative Account (Account Number F) in the name of the Defendant on the following day.

B. On August 18, 2011, the Defendant made a false call to the victim at the above place, stating that “On the other hand, the Defendant would make a direct repayment with the money borrowed at the latest within one month, if he/she borrowed money.”

However, the facts did not have the intention or ability to repay the money within one month even after borrowing the money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 9.8 million from the said victim’s account on the same day.

C. On October 29, 2011, the Defendant called the victim’s phone at the above place, stating that “On the other hand, it is necessary to pay the money, but if he/she lends money, he/she would immediately repay the money with the money borrowed at the latest within one month.”

However, the facts did not have the intention or ability to repay the money within one month even after borrowing the money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 4.9 million from the said victim’s account on the same day. D.

As above, the Defendant extends over three occasions from the victim.