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(영문) 울산지방법원 2016.12.09 2016고단3204
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in real estate development business under the name of D, and around December 17, 2015, when the Victim E borrowed KRW 50 million from F under the Defendant’s guarantee and received a demand to repay the debt from F, the Defendant had the victim make a false statement to the victim to receive the payment of KRW 50 million.

1. Accordingly, on January 22, 2016, the Defendant was granted KRW 10 million from the victim as a loan on January 23, 2016, on the following grounds: (a) at the H coffee shop located in G in G in G in G in G in G in G in G in G in Kimhae-si, stating that “it is necessary to obtain a design drawing to obtain bank loans, and KRW 10 million is required to obtain a loan; (b) if money is lent, the Defendant would receive a loan as collateral and make a repayment in Ling; and (c) was granted from the victim as a loan.

However, in fact, the defendant was trying to prepare a design drawing as above and planned to receive the above 50 million won from the victim by deceiving the victim, and did not intend to repay the above borrowed money.

2. On February 26, 2016, the Defendant: (a) at the instant H coffee shop, the Defendant: (b) stated that “I would make an investment in money in the transfer of the name of Sung-gun land; and (c) there would be no expenses to make an on-site answer to the said victim; (d) would receive a loan from the victim within lives after changing the name, and received a transfer of KRW 2 million from the victim under the name of the Defendant through the SC Bank account in the name of the Defendant on February 27, 2016.”

However, in fact, the defendant was trying to leave the victim on-site and planned to receive the above 50 million won from the victim, and did not intend to repay the above borrowed money.

Accordingly, the Defendant, as seen above, received a total of KRW 12 million as the borrowed money by deceiving the victim two times.

The defendant of "2016 Highest 3367" is operated by the victim K from Jun. 2, 2015 to Jun. 2, 2015.

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