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(영문) 울산지방법원 2015.02.11 2014고단3291
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 17, 2014, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Ulsan District Court on March 21, 2014, and was punished for the same crime on March 21, 2014.

1. On January 17, 2012, the Defendant offered a copy of the lease agreement on the deposit amount of KRW 60 million against Ulsan-gu, Ulsan-gu, Daegu-gu, Daegu-do, to the victim C (Nam and 55 years of age) (hereinafter referred to as “C”) at the Daegu-gu, Daegu-gu, Daegu-do, that “The deposit of the house living in Korea would be caused by 60 million and would be offered as a security.” This means that “The payment will be made after two months.” On August 2, 2011, the Defendant offered as security a copy of the lease agreement on the deposit amount of KRW 60 million.

However, in fact, the above lease contract was null and void because the defendant did not pay the actual deposit amount of KRW 60 million and did not have a claim for the refund of the actual lease deposit, and even if he borrowed money from the victim, there was no intention or ability to pay it.

As above, the Defendant, by deceiving the victim as above, received 9 million won from the victim, namely, money borrowed from the seat, and acquired it by fraud.

2. On April 15, 2012, the Defendant stated that “The Defendant would offer as security a deposit amount of KRW 60 million for the house in which the Defendant had provided as security KRW 5 million to the victim, even if he/she additionally lent KRW 5 million to the other party,” at the Fda bank located in Daegu Northern-gu, Daegu, North Korea.

However, as in Paragraph 1, there was no claim for the refund of the deposit, and there was no intention or ability to pay the deposit even if it borrowed money from the victim because it bears the obligation of KRW 150 million.

As above, the defendant deceivings the victim and acquired 5 million won from the victim, i.e., the 5 million won as the borrowed money from the victim.

3. On July 23, 2012, the Defendant: (a) at the same place as Paragraph 2, at the victim’s time and place, “the deposit for a shop run within the country” is due to KRW 20 million.

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