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(영문) 울산지방법원 2014.09.04 2013고단2685
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 134,210,600 won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

1. On June 4, 2008, from around October 25, 2008 to around October 25, 2008, the Defendant made a false statement to the effect that “When he/she lives together with the victim as well as the victim, the company bank in the Seocho-si, Seocho-si, Gangwon-do, the residence of the victim C, which is the domicile of the victim C, “if he/she is married, he/she has an apartment in the Seoul lock-si, Seoul, and he/she has an apartment in his/her apartment in his/her own room, it is necessary that five million won should be added to the remainder of the apartment in his/her life if he/she is married.”

However, in fact, the defendant did not own apartment as above, and did not have any intention to marry with the victim, and even if he borrowed money from the victim, he did not have any intention or ability to complete the payment.

The Defendant made a false statement from the victim as above, and received the above money from the victim as an enterprise bank under the name of the Defendant from the victim who believed to be true with the money borrowed from the victim to the account in the name of the Defendant as well as acquired it by means of money, and acquired it from June 4, 2008 to September 19, 2008, as shown in the list of crimes in the attached Table, and obtained property gains equivalent to KRW 100,109,110 in total due to the receipt of account transfer from the victim or the use of the credit card of the victim and the payment of the money.

2. Fraud by means of money delivery;

A. A. Around June 30, 2008, the Defendant made a false statement to the victim, stating, “I will pay back money after lending money to the expenses for construction materials and personnel expenses to the victim.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

The Defendant, by deceiving the victim as above, received KRW 18,101,490 from the victim for the purpose of borrowing money from the victim on a temporary basis.

B. On October 4, 2008, the Defendant is working as the head of the safety management team of E Co., Ltd., an affiliate company to the Trisung Construction Business Group.

(2) the company;

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