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(영문) 울산지방법원 2013.10.10 2012고단2647
사기
Text

A defendant shall be punished by imprisonment for four 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

The defendant has a debt equivalent to KRW 50 million, and even if he/she borrows money from the victim C due to the lack of income from the proper operation of his/her clothes, he/she did not have an intention or ability to complete payment.

1. On November 29, 2005, the Defendant made a false statement to the effect that “The Defendant, even though there is no money to purchase clothes, if he/she lends money to the victim C, he/she shall be repaid up until September 28, 2006, and he/she shall be paid 6% interest on the 20th day of each month.” The Defendant received 6.2 million won from the victim, i.e., e., the victim., a 6.2 million won from the victim.

2. On April 25, 2006, the Defendant made a false statement to the effect that “The Defendant, even though having to pay the money in order to repay the bonds, he/she would have to pay the money to the Defendant, if he/she borrowed the money for the registration of son and the expenses of a private teaching institute.” In other words, he/she received five million won from tin.

3. On September 1, 2006, the Defendant made a false statement to the effect that “F” in the clothes “F” operated by the Defendant located in Ulsan-gu E market on September 1, 2006, despite the need for money in order to repay bonds, the Defendant would be able to repay the bonds to the Defendant, and, in other words, to the effect that “I will have to pay the hospital fees to the Defendant.”

3. The delivery of 1.5 million won is received; and

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the crime of fraud of paragraph (1) of the same Article), among concurrent crimes;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Although the suspended sentence has led to a confession of all the crimes for sentencing under Article 62(1) of the Criminal Act, the amount of damage shall not be repaid after seeking the continuation of agreement;

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