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(영문) 울산지방법원 2013.07.04 2013고단1645

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 1, 2008, the Defendant, at the home of the victim D, located in Ulsan-gu Seoul Building 104 Dong 1104, Ulsan-gu, the Defendant: “In the case of lending money, the Defendant loaned money to the victim, through the bond manager, to the multiple children in the Gyeongbuk-gu, and received KRW 300,000,000 as one month interest on the loan amount of KRW 1,50,000,000,000,000,000 won.”

However, even if the defendant has a large amount of debt to be repaid to another person, he/she was thought to use it to repay other debts of the defendant, or to use it as living expenses, etc., and he/she did not have any intention or ability to raise the above high profits or to repay borrowed money to the victim because there is no particular income or property other than receiving the monthly wage of 1 million to 1.2 million or 1.2 million won.

On March 11, 2008, the Defendant, by deceiving the victim as such, received 3.6 million won from the victim to the agricultural bank passbook in the name of the Defendant on March 11, 2008, and received a total of 95,755,000 won from around that time to March 19, 2010, as stated in the annexed Crime List (1).

2. On June 1, 2010, the Defendant called the above victim’s phone to the above victim, and expressed that “The Defendant would pay the money invested in the bond company to the bond company. He will receive the loan upon request of the borrower who operates the business. The amount of the loan would be KRW 300 million if the Plaintiff was in preparation for the loan of the ship as security, and the amount of the loan would be KRW 300 million if the money was paid out. If the cash needs to be paid for the cost of living, the Defendant would have repaid all the money borrowed prior to the loan, as the loan would have been paid.”

However, the facts were that the defendant did not have been in a lawsuit against the bond company, and there was no ties to repay the defendant's debts instead of the defendant's debts, and the ship to be provided as security.