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(영문) 울산지방법원 2017.06.02 2017고단505
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who operated a restaurant under the trade name of “C” in Suwon-si, Suwon-si B.

1. The criminal defendant against the victim D is in need of money in the above restaurant around August 2014, and the victim D is required to pay money.

A loan shall be paid only for three months from the date of lending money.

“A false representation was made.”

However, in fact, the defendant did not have any particular property at the time, and the Kimchi soup restaurant operated at the time was not well good, and even if the defendant borrowed interest and principal of KRW 100 million from another person and borrowed money from the damaged person, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 2 million from the victim, on August 18, 2014 and KRW 3 million around August 20, 2014, a total of KRW 5 million was transferred through the Agricultural Cooperative Account in the name of the Defendant, under the name of the Defendant, from the victim.

2. On August 2015, the criminal defendant against the victim E is urgently required to pay the price of goods in the above restaurant, and the victim E is urgently required to pay the price of goods in the cosmetics shop.

The interest of 10 copies will be paid on the loan of money.

“A false representation was made.”

However, in fact, the Defendant did not have good economic situation as stated in Paragraph 1, and the operation of the cosmetics store operated at the time was not well-grounded, and the Defendant did not have any intent or ability to repay the money even if the Defendant borrowed money from the injured party on the ground that the Defendant did not have any intention to do so even if he borrowed money from the injured party.

Nevertheless, on August 26, 2015, the Defendant: (a) deceiving the victim and deceiving the victim; (b) around September 14, 2015, KRW 270,000,000 to the said account; (c) around September 30, 2015, KRW 4750,000 to the said account; (d) around October 10, 2015, KRW 50,000 to the said account; (c) around October 23, 2015, KRW 285,00 to the said account around October 23, 2015; and (d) around December 14, 2015 to the said account; and (e) around December 14, 2015 to the said account; and (e) around December 350, 200 to the said account under the name of the Defendant on December 30, 2015.

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