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(영문) 울산지방법원 2013.08.23 2013고단1749
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 2011, the Defendant was paid KRW 170,00,000 per month as a company member, and there was no particular income, and there was no debt KRW 15,00,000,000. Since the Defendant purchased a large amount of sports territory at the time, there was no intention or ability to repay even if he borrowed money from other persons.

1. On February 23, 2011, the Defendant made a false statement to the victim C, who was at the time at the time, with the Defendant’s house located in the Defendant’s house located in Yongsan-gu, Changwon-si, Changwon-si, Seoul Special Metropolitan City, stating that “When he borrowed KRW 10 million with bonds prior to his home, he would normally pay the interest and the principal thereof.”

However, the defendant thought that he did not use the above money to repay bonds and used it as the purchase price of sports earth.

The Defendant, by deceiving the victim as above, received 6 million won from the victim to the bank account (D) in the name of the defendant on the same day, and acquired 3 million won from the above account on the following day.

2. On June 29, 2011, the Defendant made a phone call to the victim C, and falsely concluded that “A house must be collected from the side of Seoul Metropolitan Government to move his workplace to Seoul, and the money to loan money to the side of the Seoul Metropolitan Government. The principal and interest will be repaid continuously every month after commencing the work.”

However, the defendant thought that he would use the above money as the price for the purchase of sports earth without using it to repay the above money, and because he failed to repay 9 million won prior to this, he did not have the intention or ability to repay the above money even if he was transferred from the victim.

As above, the Defendant, by deceiving the victim as above, acquired 10 million won from the victim to the corporate bank account (E) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the Police Statement regarding C 1.

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