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(영문) 울산지방법원 2014.01.17 2013고단3325
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 23, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Ulsan District Court on September 23, 2013, and his sentence became final and conclusive on October 1, 2013.

1. Around November 18, 2009, the fraud Defendant stated that “If the Defendant borrowed KRW 4 million to purchase an apartment, he/she will borrow the apartment as a collateral and repay it within two months at the D office operated by the victim C in Ulsan-gu, Ulsan-gu around November 18, 2009.”

However, there was no intention to purchase an apartment even if it was borrowed 4 million won, and there was no intention or ability to repay the debt within two months even if it was borrowed from the victim because at the time the debt was about 185 million won.

Accordingly, the Defendant, by deceiving the victim, received 4 million won from the victim to the agricultural bank account in the name of the Defendant on the same day as the loan money, and acquired it by deceiving the victim.

2. On July 14, 2011, around July 14, 2011, the Defendant concluded a contract with the victim C in Ulsan-gu, Ulsan-gu, stating that “A person would make reimbursement by the end of August after entering into a contract with the head office in order to have the victim enter into a contract with the E learning site teacher while he/she works as the E learning site teacher.”

However, even if borrowed KRW 30 million, there was no intention to enter into a public book franchise contract, and at the time, there was a debt amounting to KRW 166,4650,000, so even if borrowed money from the victim, there was no intention or ability to repay it by the end of August.

Accordingly, the Defendant, by deceiving the victim, received 30 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant for the same day as the loan money, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (E means the telephone call of the President of the Northernbuk-gu branch office);

1. A copy of a loan certificate or data for remittance of loan;

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