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(영문) 울산지방법원 2013.11.14 2013고단2961
사기
Text

A defendant shall be punished by imprisonment for six 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

On February 21, 2013, the Defendant made a false statement that “The Defendant would pay KRW 588,850,000,000 to the employees of the Victim Capital Co., Ltd. in the amount of KRW 20,30,000 as principal and interest on the 20th day of each month if the Defendant borrowed KRW 20,030,000 to the employees of the Victim Capital Co., Ltd. in the business office located in Ulsan-gu, Ulsan-gu, Busan-gu, 248-2.”

However, the facts are that the defendant only obtained the above loan with the purpose of using it to repay debts by disposing of the above vehicle, and even if he purchased a vehicle with the loan, he did not have the intention or ability to repay the loan.

The Defendant, as such, by deceiving the victim company employees, received KRW 20,300,000 from the victim Aju Capital Co., Ltd. for the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a copy of a written application to be submitted to the issuer;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (such as the absence of previous convictions, reflections, and repayment of some funds in the future of the victim).

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