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(영문) 울산지방법원 2018.02.20 2017고정1254
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

"2017 High 1254" Defendant 1 on December 16, 2016, the Victim Call Co., Ltd. at Fulsan-gu et al. (hereinafter referred to as Ulsan-gu)

The Ministry applied for a loan by telephone.

When the Defendant applied for a loan to the victim, the Defendant notified that “The monthly income is KRW 10 million, and the monthly income is KRW 3 million from December 16, 2016 to December 31, 2021, the Defendant would pay KRW 68,794 as interest monthly from December 16, 2016 to December 31, 2021, and there was no intention to apply for an individual rehabilitation or bankruptcy, and there was no plan to suspend the business of the company or company in service, and there was no obligation to obtain human history.”

However, in fact, the Defendant applied for a loan for the purpose of repaying the personal obligation of a deceased person who was not notified to the victim by receiving the loan from the injured party. Even if the victim received the loan, his/her obligation is about KRW 50 million to KRW 60 million, and he/she did not have the ability or intent to pay interest payable to the victim every month, such as returning dump trucks operated by himself/herself to capital.

The defendant deceivings the victim as above and received KRW 3 million from the No.C., the name of the victim, under his/her own name, on the pretext of loans.

On December 16, 2016, the Defendant, “2017, 1255, the Defendant, by telephone, lent KRW 2,00,000,000 to the Victim KONEX Co., Ltd., Ltd. by telephone. by December 31, 2021. By December 31, 2021, the Defendant paid the interest of KRW 47,391 as at the 20th day of each month, and there is no other personal obligation at present, and there is no plan for personal rehabilitation or bankruptcy application within six months in the future.”

However, the defendant did not have the intention or ability to repay even if he received the loan from the injured party.

The defendant deceivings the victim as above and was delivered KRW 2 million to the NongHyup Bank account in the name of the defendant under the name of the victim.

Summary of Evidence

[2017 High Doz. 1254]

1. Statement by the defendant in court;

1. Complaint;

1.Each.

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