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(영문) 울산지방법원 2015.10.08 2013고단2532
사기
Text

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

Reasons

Punishment of the crime

1. On September 9, 2010, the Defendant made a false statement to the victim C who was aware of the fact that “if the Defendant borrowed KRW 30 million to another person, he/she would lend the money to him/her, and would make a monthly interest of KRW 2.1 million and make a payment after one year.”

However, even if the defendant borrows money from the victim, he/she only uses it for the payment of living expenses or the defendant's obligation, and did not have any intention or ability to repay the interest at the agreed date.

As above, the Defendant, by deceiving the victim as above, was given KRW 30 million from the victim who was in his seat.

2. The Defendant, around October 15, 2010, around the second apartment zone near Ulsan-gu Postal Zone, Ulsan-gu, e.g., the second apartment zone around the e.g., Ulsan-gu e., the Defendant: (a) had a right to use the e.g., “the victim’s e.,” and (b) had a right to use the e.g., “the victim’s e.

‘False speech' was made.

However, even if the defendant borrows money from the victim, he was only used for the cost of living and did not have the intention or ability to pay the interest on the agreed date.

As above, the Defendant deceivings the victim and received KRW 20 million from the victim’s account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of specification of transactions to be submitted by complainants);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] is recognized as a crime in the basic area (six to one year and six months) of types 1 (the sentence of sentence of less than 100 million won) (the decision of sentence of six to one year) of the general fraud, and there is no record of crimes other than those subject to a fine for violating the Trademark Act, and some funds are expected to have been repaid.

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