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(영문) 울산지방법원 2019.07.26 2019고단719
사기
Text

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

However, 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

1. At around 20:00 on December 29, 2014, the Defendant made a false statement to the effect that “A victim B, who became aware of the fact through the staff of the Defendant’s office, would be repaid after three months if he/she loans KRW 30 million, because he/she would be sufficiently extracted for three months.”

However, in fact, the defendant was thought to repay the defendant's existing debt with the money borrowed from the victim under the circumstances where the defendant was liable for a large amount of debt with the loan of financial institutions and bonds, etc., and eventually there was no intention or ability to pay the money.

Around the 30th day of the same month, the Defendant received from the victim the transfer of KRW 30 million from the victim to the D account (E) in the name of the Defendant, and acquired pecuniary benefits equivalent to the said amount.

2. Around May 14, 2015, the Defendant called the victim and called the victim to the effect that “the 10 million won is insufficient to studio. Interest shall be KRW 1 million per month, and only one month shall be paid.” However, the Defendant was willing to repay the Defendant’s existing obligation with the money borrowed from the victim, and the Defendant did not have any intent or ability to repay the money.

The Defendant received KRW 10 million from the victim to the said D account in the name of the Defendant on the same day, and acquired pecuniary benefits equivalent to the said amount.

3. On May 25, 2015, the Defendant sent a mobile phone text message to the victim to the effect that “on the other hand, in case where the Defendant is going to have the monthly wage of 10 million won, the money will be paid.” However, on the other hand, the Defendant was willing to repay the Defendant’s existing obligation with the money borrowed from the victim, and the Defendant did not have any intention or ability to repay the money.

The Defendant received KRW 20 million from the victim to the said D account in the name of the Defendant on the same day, and acquired pecuniary benefits equivalent to the said amount.

4. The defendant.

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