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(영문) 울산지방법원 2013.06.13 2013고정453
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,00 for each fraud, and a fine of KRW 500,00 for assault.

Reasons

Punishment of the crime

On May 6, 2010, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion upon buildings, larceny, etc. at the Ulsan District Court on May 6, 201, and the same year.

7. 10. The above judgment has become final and conclusive.

1. The defrauded did not have any fixed income as a part of the daily employed workers, and the Defendant did not have any intent or ability to repay money to others even if it borrowed money from others without any specific property.

On November 24, 2009, the Defendant stated to the effect that “A victim B, who was aware of the fact that money is urgently needed, will be repaid after one month if he borrowed KRW 1 million.”

However, due to such economic circumstances, there was no intention or ability to repay the money in the future.

The Defendant, as such, by deceiving the victim, received KRW 1,00,000 from the victim as the borrowed money in the same place.

B. Around 22:00 on December 30, 200, the Defendant made a false statement to the effect that “The Defendant would make a full payment not later than January 25, 2010, 201, including one million won borrowed prior to the loan of 500,000 won to the victim, because there is an urgent circumstance.”

However, due to such economic circumstances, there was no intention or ability to repay the money in the future.

The Defendant, as such, by deceiving the victim, received 500,000 won from the victim as the borrowed money in the same place.

Accordingly, the Defendant received a total of KRW 1,500,000 from the victim as the borrowed money, and acquired it by fraud.

2. Around 21:00 on January 25, 2012, the Defendant heard the horses of the victim B (50 years of age) to repay the obligations specified in paragraph 1 at a mutually influorial restaurant located in Ulsan-gu, Ulsan-gu, Ulsan-gu, and sought the victim’s face once by drinking, and twice the victim’s seat was tamped with the hand floor.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. A complaint filed and a cash receipt filed;

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