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(영문) 울산지방법원 2017.04.27 2017고단480

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 23, 2015, the Defendant made a false statement to the effect that “A victim C, who was aware of the fact that it was not in Ulsan (hereinafter referred to as Ulsan) and was trying to obtain a loan with a more need for money, and there is a difference between joint and several sureties. When three months have elapsed, no guarantee obligation will exist.” Accordingly, the Defendant made the victim stand a joint and several sureties to obtain a loan of KRW 30 million in total from five lending companies, such as D, by one of the five lending companies.

On October 2015, the Defendant continued to make a false statement with the purport that “The Defendant would receive a direct loan and repay the Defendant’s loan to the Defendant before receiving the loan under the name of the victim.” On the other hand, the Defendant continued to make a false statement to the effect that “The Defendant would receive a loan from the victim and repay the Defendant’s loan to the Defendant, excluding the interest for three months after obtaining a loan under the name of the victim, and repay the existing loan to the Defendant, excluding the interest for three months, and put the remainder into the Defendant account by inserting credit rating, and on the basis of the Defendant’

However, at the time of fact, the defendant was in bad credit standing and did not have a certain occupation or property, and there was no intention or ability to pay the victim's money as agreed because he thought that he would receive money from the victim to use it for gambling, entertainment, living expenses, etc.

As such, the Defendant, by deceiving the victim and deceiving the victim, received a total of seven times from November 4, 2015 to January 4, 2016, a total of KRW 7,9250,000 from around seven times as shown in the annexed crime list, and obtained a total of KRW 7,925,00,00 from around November 4, 2016, and obtained it through deception, is limited to the fraud of the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Details of transactions, application of Acts and subordinate statutes on lending and borrowing of money;

1. Relevant Article 347(1) of the Criminal Act concerning facts constituting an offense (comprehensive imprisonment).