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(영문) 울산지방법원 2014.03.28 2013고단603
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around 11:00 on January 16, 2012, the Defendant called the Victim B by phoneing the victim B, stating that “A detailed in the Philippines lending KRW 15 million to a travel expense.” The Defendant deposited a miscarriage of KRW 180,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

However, in fact, the defendant did not have any money received from a miscarriage, and even if he borrowed money from the victim, he did not have any intention or ability to pay it.

The Defendant, by deceiving the victim as such, received KRW 15 million from the victim to the Agricultural Cooperative Account of the Defendant on the same day.

2. On February 4, 2012, at around 10:00, the Defendant called the victim B by phoneing it to the victim B and borrowed KRW 2,00,000,000 as he/she intends to pay in lieu of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of accounts

However, in fact, the defendant borrowed money from the victim to pay credit value, and even if he borrowed money from the victim because he had no other property at the time, he did not have the intention or ability to pay the money.

The Defendant, by deceiving the victim as such, received KRW 2 million from the victim to the Agricultural Cooperative Account of the Defendant on the same day.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Article 347 (1) of the Criminal Act (Fraud) and the choice of imprisonment with prison labor for the relevant criminal facts;

1. From among concurrent crimes, the Defendant, in the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, seems to have failed to make every effort to deceiving the victim and take the victim a total of KRW 17 million from the victim, thereby repaying the victim and repaying the amount of damage to the victim. The two years have passed since the communication was interrupted.

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