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(영문) 울산지방법원 2020.02.13 2019고단3699
사기
Text

The defendant shall be punished by imprisonment with prison labor for not more than 4 months, and imprisonment with prison labor for not less than 4 months for the crimes of No. 4 of the decision.

Reasons

Punishment of the crime

[criminal power] On December 22, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Busan High Court, which became final and conclusive on December 29, 2016, and completed the execution of the sentence in the port prison on March 9, 2017.

【Criminal Facts】

1. Around March 1, 2014, the defrauded B told the victim B to the effect that “In order to take over a hotel in the second floor of the Busan High-gu C building in Busan High-gu, Busan High-gu, the appraisal cost for taking over the hotel is insufficient. If the Plaintiff borrowed KRW 5 million from the appraisal of the collateral, the Defendant received the appraisal of the collateral and immediately repaid the loan.”

However, at the time of fact, the defendant did not want to take over a hotel and thought to use the hotel for personal purposes, such as repayment of debts and living expenses, with money from the victim. Since at the time the defendant bears a large amount of obligation such as additional collection charges, there was no intention or ability to repay the debt even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 5,00,000 in total from the victim on March 1, 2014, including KRW 250,000,000 around March 14, 2014, and KRW 3,850,000 in the name of the Defendant.

2. Around September 4, 2014, the Defendant against the victim E stated in the above paragraph (1) stated that “A victim E is engaged in work to obtain a loan equivalent to KRW 2.5 billion from a nearby apartment complex located in Gyeyangsan as collateral. The amount of allowances that can be received upon the success of the loan shall be up to KRW 20 million. If the land appraisal cost is insufficient, the interest will be sufficiently paid after the loan.”

However, in fact, the defendant did not receive an allowance at the time and did not receive a loan brokerage and thought that he would receive money from the victim to use it for personal purposes, such as repayment of debts and living expenses, and at the time, a large amount of obligation such as additional collection charges.

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