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(영문) 울산지방법원 2018.04.25 2018고정245
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant sent text messages to the victim B at a place where it is unknown on June 24, 2017 and where it is not known.

The term "criminal agreement is required, and 5.6 million won is loaned, it shall be repaid in the division through three months on the 20th day of each month.

“The phrase “ was false.”

However, even if the defendant borrowed money from the injured party under the pretext of criminal agreement, it was thought that it was used for other purposes such as living expenses.

Nevertheless, the defendant deceivings the victim as above and transferred 5.6 million won to the Agricultural Cooperative Account (D) in the name of the defendant's husband C on the same day from the victim.

2. The Defendant sent text messages to the victim at a place where it is unknown on July 3, 2017, at which it is not known.

The term "Stoma's great need to pay an amount of KRW 8 million, which is operated by Stoma in Jeju-do, when it is disposed of by Stoma, the principal shall be given and interest shall be paid until it reaches that time.

“The phrase “ was false.”

However, in fact, even if the defendant borrowed money from the injured party under the pretext that he is in need of pay-off, he thought that he will use it for other purposes, such as paying-in money or using it for personal use.

Nevertheless, the defendant deceivings the victim as above and transferred 8 million won to the Busan Bank Account in the name of East E of the defendant on the same day from the victim.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 13.6 million under the name of the borrowed money twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to report the investigation of police statements B to the defendant's legal statement B (the investigation of suspect telephone call);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant does not have a large amount of damage but has not been restored.

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