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(영문) 울산지방법원 2016.10.06 2016고단1229
사기
Text

Defendant is punished by imprisonment with prison labor for the first to third crimes as stated in the 2016 Highest 1229 case and 2016 Highest 2273 case.

Reasons

Punishment of the crime

On September 27, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Ulsan District Court on September 27, 2012, and the above judgment was finalized on October 5, 2012.

【2016 Height1229】

1. On June 16, 2010, the criminal defendant against the victim C made a false statement to the victim C by telephone at a non-permanent place on June 16, 2010, stating that “If the victim borrowed money to purchase and sell a high machine, he/she shall return the principal after 2-3 months, and then, he/she shall make a statement against the proceeds.”

However, the fact that the Defendant was at the time at 2-300 million won, and at the time, he was paying the above debt by the prompt return, and the investment money received from the victim was also used to repay other debts, so even if he borrowed money from the victim, there was no intention or ability to pay the debt.

Around June 17, 2010, the Defendant, by deceiving the victim as such, received KRW 45 million from the victim to the Gyeongnam Bank account under the name of the Defendant’s mother, from the Defendant’s mother, and received KRW 45 million from that time on August 12, 2010, and received KRW 210,000,000,000 from that time on seven occasions, such as the attached Table I.

2. 피해자 E에 대한 사기 피고인은 2010. 8. 12.경 울산 북구 F아파트 105동 210호 피고인의 집에서 피해자 E에게 “고래를 잡아서 냉장보관 하였다가 가을에 비싼 값으로 판매하는 사업을 하는데 여윳돈을 투자하면 투자금의 20%를 이익금으로 주겠다”고 거짓말 하였다.

Since the financial status of the Defendant was equal to that of paragraph (1) and the Defendant was unable to lend 200 million won from C as referred to in paragraph (1), even if he borrowed money from the victim, he did not have the intent or ability to repay it.

As such, the Defendant, by deceiving the victim and deceiving the victim, shall be KRW 26 million from the victim’s bank account in the same day, and KRW 2.5 million from the same account on September 13, 2010, and October 2010.

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