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(영문) 울산지방법원 2017.05.18 2016고단3886
사기
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

1. On September 27, 2015, the Defendant made a false statement to the victim in the cosmetics shop in Ulsan-gu, Ulsan-gu, stating that “If stocks are invested, banks will do so more than their own.”

However, since there was no plan to invest in shares, the Defendant had no intention or ability to pay high profit to the victim, and was a plan to use the money received from the victim for living expenses.

On September 28, 2015, the Defendant, by deceiving the victim as such, was transferred KRW 6 million to the Saemaul Savings Depository in the name of the Defendant on September 28, 2015, under the pretext of stock investment from the damaged party.

2. On October 2015, the Defendant would be the victim’s “proceeds from the first invested amount” at the victim’s shop around 2015, when 12 months have elapsed.

In addition, it was false that 5 million won is more than 5 million won.

However, the defendant did not have invested in the shares, such as Paragraph 1, so there was no intention or ability to give high profits to the victim, and was a plan to use the money received from the victim for living expenses.

On October 16, 2015, the Defendant, by deceiving the victim as such, was transferred KRW 5 million to the deposit account of the Korea Saemaul Savings Depository in the name of the Defendant on October 16, 2015.

3. On December 2015, the Defendant: (a) around December 2015, the Defendant entered the victim’s share investment to pay for living expenses.

A false statement was made that the card will be used on the face of lending and that the card will be repaid.

However, the defendant did not have invested in the shares, and even if using the credit card of the victim, he did not have an intention or ability to pay the card price.

As such, the Defendant, by deceiving the victim, received a modern card from the injured party, and settled KRW 1 million from E on December 23, 2015, and five including modern cards.

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