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(영문) 울산지방법원 2017.11.21 2017고단1664
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

1. On April 24, 2015, the Defendant: “The mother-child who conducts the real estate business in Seoul has to return the deposit money for the real estate to the victim D.

At this time, the heritage should be given to the people who show their ability in mind.

The phrase “afford money to be lent to one’s mother” was false.

However, in fact, the mother of the Defendant did not operate a real estate business and thought to use the money borrowed from the injured for personal purposes. On the other hand, the balance of the passbook was KRW 100 million, KRW 22,701,683, KRW 22,744,644, and KRW 1,05,967, even if he borrowed money from the injured party, he did not have any intent or ability to repay it.

The defendant deceivings the victim as above and transferred KRW 70 million to the Agricultural Cooperative Account under the name of the defendant on the same day from the victim.

2. On September 1, 2016, the Defendant borrowed KRW 10 million from the Defendant’s wife to the Defendant on or before the end of December 2016, 2016, with the Defendant repaid KRW 70 million prior to the end of December 2016.

“A false representation was made.”

However, the Defendant did not have unmarried wife, and was thought to use the money borrowed from the victim for personal purposes. While there was no particular property owned in his name at the time, the balance of the passbook was KRW 100 million, KRW 2,177,592, KRW 6,065,00, and KRW 1,000,00,000 for the obligation of loans from financial institutions, KRW 177,592, and KRW 6,065,063, and KRW 1,00,000 for the credit card payment obligation, even if he borrowed money from the victim, there was no intention or ability to repay it.

The defendant deceivings the victim as above and transferred 10 million won to the Agricultural Cooperative Account under the name of the defendant on the same day from the victim.

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