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(영문) 울산지방법원 2014.07.24 2012고단3835
사기
Text

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

Reasons

Punishment of the crime

On March 2012, the Defendant, who became aware of influences in front of the building Nam-gu, Ulsan-gu, Ulsan-gu, 2012, expressed that “B shall work as a 25-year suspension from D Company D, the annual salary exceeds KRW 100 million, transfer KRW 500,000 to the United States, and transfer the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

피고인은 2012. 4. 11.경 피해자에게 전화하여 “내가 부업으로 돈 놀이를 하는데 아는 사람에게 2~3일 투자를 하는 형식으로 돈을 빌려주고 하룻밤에도 수백만 원씩 벌고 있으며 아주 안전하고 돈 떼이는 일이 없다. 400만 원을 빌려주면 며칠 안에 변제를 하겠다.”고 말하였다.

However, in fact, the Defendant received money as above and attempted to use it for the purpose of living expenses, etc., and did not have any property with bad credit standing at the time, and did not have any property with bad credit standing, nor did he/she have any intent or ability to repay it even if he/she borrowed money from the victim because he/she did not have any property with bad credit standing.

Nevertheless, the Defendant, as seen above, received KRW 4 million from the victim on April 11, 2012, and received KRW 52,940,000 from around 10 to May 21, 2012, as indicated in the attached crime inundation table, and acquired KRW 52,940,00 in total from around 10 times to around 21, 2012.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement regarding C;

1. A copy of a bankbook;

1. Details of account transactions submitted by suspect;

1. Application of the Acts and subordinate statutes to each of the text photographs;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The facts constituting the crime on the grounds of sentencing selective sentencing of the sentence are crimes falling under the category 1 of general fraud in the sentencing guidelines, and they are the factors of aggravation or mitigation.

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