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(영문) 울산지방법원 2018.07.26 2018고단518
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 2009, the Defendant made a false statement to the effect that “I would make reimbursement at any time when I would have lent money to the victim C at the Ulsan Airport located in Ulsan-dong, Ulsan-gu, Ulsan-do.”

However, at the time, the Defendant did not have any intent or ability to repay the amount even if he borrowed money from the injured party due to the bad credit standing. However, the Defendant did not have any obligation to financial institutions, such as KRW 60 million, KRW 400 million, and KRW 400,000,000.

Nevertheless, the defendant deceivings the victim as above and received 30 million won from the victim under his name as the borrowed money on the same day from the victim.

2. On September 2009, the Defendant made a false statement at the Eental Hospital located in Ulsan-gu, Ulsan-gu, U.S. D, stating that “The Defendant would have to repay money to the said victim within a few days if he/she borrowed money in need of money.”

However, at the time, the Defendant was in excess of the obligation to financial institutions, such as KRW 60 million, KRW 400 million, and KRW 400 million, and there was no certain occupation and income, and there was no property separately owned, and even if the Defendant borrowed money from the damaged party due to bad credit standing, there was no intention

Nevertheless, the defendant deceivings the victim as above and received 2 million won as the borrowed money from the victim on the same day in the name of his family.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A certificate;

1. Details of inquiry into credit information and application of the statutes of the inquiry letter;

1. Relevant Article 347(1) of the Criminal Act regarding criminal facts / [Selection of imprisonment] Determination of the assertion of the defendant (defense counsel) and reasons for sentencing

1. Defendant (Defense Counsel) is the situation in which it invested KRW 300 million in the fund business run by F at the time.

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