logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.05.17 2017고단4545
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for three months;

2.Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On December 22, 2017, the Defendant was sentenced to five months of imprisonment for fraud and two years of suspended execution at the Ulsan District Court, and the judgment became final and conclusive on the 30th of the same month.

1. On November 21, 2016, the criminal defendant against the victim C made a false statement to the victim C at the victim C’s house located in Gyeyang-si, Yangsan-si, that “The victim needs to pay money under the pretext of agreement because he/she injured the person driving a drinking within apartment. The bank has an employee who is well aware of the lending of money and borrowed money to the bank, so that it would not cause damage by changing the name within two months.”

However, in fact, the Defendant had to “prohibit the repayment of the borrowed money from another credit,” and thus, the Defendant did not have any intent or ability to repay the borrowed money from the damaged party, even if he borrowed money from another credit.

Around November 22, 2016, the Defendant deceivings the victim and was delivered KRW 40,000,000 to the Agricultural Cooperative Account (E) in his name on seven occasions from the date of damage.

2. The Defendant, against the victim F, made a false statement to the victim F during several times from November 2016 to December 2016, 2016, that “A father’s operation expenses and hospitalization expenses are urgently needed,” and that the Defendant would immediately return money to the victim F within the month when he/she received the insurance money from his/her father, who lent money.

However, in fact, the father of the defendant was discharged after paying the medical expenses, and the defendant was required to return the borrowed money from other credit holders. Therefore, even if the defendant borrowed money from the victim with false words, he did not have the intent or ability to repay the borrowed money.

Around January 19, 2017, the Defendant deceivings the victim as above and was delivered KRW 9,000,000 to the said Nonghyup account from the victim.

Accordingly, the defendant was granted property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C, F.

arrow