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(영문) 울산지방법원 2013.04.12 2012고단918
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2009, the Defendant was sentenced to imprisonment with prison labor and six months at the Ulsan District Court for fraud. On August 24, 2009, the above judgment was finalized on August 24, 2009.

1. From October 2006, the Defendant constructed E-Ba on the land in Ulsan-gun, Ulsan-gun, and Ulsan-gun, and the Defendant did not contribute to his capital in addition to KRW 20 million. The Defendant was willing to borrow construction funds from ordinary individuals or bond holders without any construction funds and complete the lending.

Therefore, on October 31, 2006, the Defendant called the victim F by phone calls to the victim F to the extent that it is difficult to identify the place. As such, the Defendant concluded that “The Defendant would use only one month and make repayment immediately.”

However, under the premise that the Defendant was in a bad credit position due to the Defendant’s failure to repay the previous card price, and there was no particular property or income, and that it would be possible to repay upon completion of the above loan, the Defendant did not have an intent or ability to repay on the date of promise even if he borrowed money from the victim, such as borrowing approximately KRW 760,000,000 from the bond company, etc.

As above, the Defendant, by deceiving the victim as above, received 30 million won from the national bank account in the name of G, managed by the Defendant on the same day under the pretext of borrowing from the victim.

2. On February 29, 2008, at a place where the location is unknown, the Defendant made a false call to the victim F, stating that “Singingingging and Egingging construction sites are immediately immediately preceding default, and only KRW 20 million is borrowed as urgent, and if so, he/she would make a full payment of all the borrowed money in one lump sum.”

However, the defendant had already borrowed approximately KRW 760 million from a bond company, etc. under the name of the above E-Ba Construction Price, and the decision of voluntary decision to commence the above E-Ba's auction was made on February 26, 2008 upon the application of the bond company and the Kamamamame Saemaul Bank.

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