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(영문) 울산지방법원 2017.09.07 2017고단2087
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant collected money by means of real estate investment and resale of the right to sell real estate, even though he was aware of the victim F (F, 51 years of age), president, and parent relationship in Ulsan-gun, Ulsan-gun, that he had no property under the name of the Defendant and was urged to repay by many creditors.

In other words, it was thought that the victim was belonging to the victim and borrowed money from the victim, and the defendant was to repay the debt to H, I, and J including G, the creditor of the defendant, or to use it as living expenses.

On December 2, 2015, the Defendant, at the above child-care center office around December 2, 2015, stated that “If a person who invested in the same real estate as the person who invested in the same real estate is detained, he/she would promptly settle the amount of KRW 50 million and pay the money.”

However, the Defendant had been urged to pay KRW 40 million borrowed from the G, which was sold in lots by the KCC at the time, and thus, the Defendant was thought to pay KRW 40 million with the borrowed money borrowed from the damaged party. By that time, the Defendant was unable to pay only a part of KRW 124 million with the borrowed money borrowed from the damaged party, and the remaining amount was exceeded KRW 80 million with the total amount borrowed from other creditors. Thus, the Defendant did not have any intent or ability to pay the said money even if he borrowed money from the damaged party.

The Defendant received KRW 50 million from the damaged party to the Agricultural Cooperative (L) account under the name of the Defendant as the borrowed money on the same day.

The Defendant received a total of KRW 286 million from March 27, 2014 to June 24, 2016 from 14, to the said Agricultural Cooperative account, as shown in the list of crimes in the attached Table, in total, 14 times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A detailed statement of each account transaction, each account entry and withdrawal transaction, each borrowed instrument, and each other;

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