(영문) 울산지방법원 2016.10.05 2016고단2952

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(영문) 울산지방법원 2016.10.05 2016고단2952

사기

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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On May 201, the criminal defendant against the victim C made a false statement to the victim of the “E” office operated by the defendant located in Ulsan-gu, Ulsan-gu, Seoul-do, that “If the defendant lends money to the victim for the purchase of solar wave, he/she will repay the money until November 25, 2011.”

However, in fact, the Defendant was liable for the total amount of KRW 300 million at the time, and there was no particular property, and there was no certain import from February 201 to February 1, 201, and thus, there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million on May 21, 201, and KRW 198 million on June 17, 201 from the victim to the Agricultural Cooperative Account under the name of the Defendant for the purpose of borrowing money from the victim.

2. Fraud against victim F;

A. On September 18, 201, the Defendant made a false statement that “on the part of the victim who delivered 800 network, the Defendant would pay the price to the victim.”

However, in fact, the Defendant was liable as stated in Paragraph 1, but did not have any particular income or property, and was unable to repay the money borrowed from C, and there was no intention or ability to pay the money even if it was supplied by the victim.

Nevertheless, on September 20, 201, the Defendant, by deceiving the victim, received a delivery of 800 net 1,064,00 won in total from “E” warehouse located in Ulsan-gu, Ulsan-do.

B. On October 4, 2011, the Defendant made a false statement to the victim that “I would pay the price if I would deliver the 671 network to the victim.”

However, the defendant did not have the intent or ability to pay the price even if he was supplied with the two-waves by the victim as above.

Nevertheless, the defendant deceivings the victim as above and belongs to it from the victim.

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