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(영문) 울산지방법원 2019.03.21 2018고단3922
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who had operated a “B” book, and is the case of the victim C, the victim D, the victim E is a working partner, and the victim F is a person who has no direct friendship with the victim F.

1. On February 2016, the criminal defendant against the victim C told the victim to have a telephone at an infinite place, that “The victim would have repaid the money if he/she borrowed the money necessary to pay the membership fees in advance by changing the payment dates of his/her parents’ monthly salary day and the original students’ membership fees.”

However, at the time, the Defendant was liable to pay KRW 100 million or more, and the Defendant’s official book operated also by the Defendant’s credit card was operated in an abnormal manner that generates the processed sales by the Defendant’s credit card, and even if the membership fees are paid by proxy, there was no intent or ability to repay the amount even if the Defendant borrowed money from the

The Defendant, by deceiving the victim as above, received KRW 8 million from the victim on February 25, 2016 to the H bank account in the name of G’s mother, and received a total of KRW 20,382,257 on six occasions from the date and time to January 16, 2018, as shown in attached Table 1.

2. Fraud against victim D;

A. A. Around November 18, 2016, the Defendant stated that “Around November 2016, the Defendant shall pay the victim a lump sum payment of the pension premium to the victim under the Busan International Shipping Daegu International Housing J, which is the victim’s residence, “Around November 2016.”

However, for the same reasons as stated in paragraph (1), the Defendant did not have the intent or ability to repay the money from the victim, and the Defendant was scheduled to use the money to repay the obligations of the existing Defendant, not to pay the premium even if he borrowed the money from the victim.

As above, the Defendant deceivings the victim as above, and then, around November 18, 2016, the Defendant’s mother up to KRW 20 million with the Hbank account in the name of G.

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