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(영문) 울산지방법원 2016.06.02 2015고단2849
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On October 31, 201, the Defendant, at the D office located in Ulsan-si, Nam-gu, Ulsan-si, U.S. on October 31, 201, remitted money to the victim E by any person who has had the 45 million won in the agricultural cooperative account in the Republic of Korea, erroneously remitted money to the account in actual water, thereby temporarily suspending the payment, and thus, if the account in the calculation of tax revenue and the calculation of tax amount to KRW 4 million was leased to the other party, the Defendant would make a full payment after one month.

“False speech was made to the effect that it was “.”

However, there was no balance in the defendant's account, and there was no fact that the money was paid by mistake or suspended payment. At the time, the defendant did not have any certain property or income, so there was no intention or ability to repay the borrowed money to the victim.

As such, the Defendant, by deceiving the victim, received 4 million won from the victim, namely, the money borrowed from the seat to the lender, and acquired it by fraud.

2. On May 201, 201, the Defendant: (a) from G guest located in Ulsan-gu, Ulsan-gu, Seoul-gu, to the victim H, “if the Defendant has KRW 100 million, and the Defendant is charged with the payment of KRW 20 million,000,000,000,000,000,000,000,000,000,000,000,000,000 won

The phrase “ makes a false statement.”

However, the defendant had no certain property or income at the time and had no intention to use it for personal purposes, such as living expenses, not for stock investment, so there was no intention or ability to return the principal to the victim.

On June 24, 201, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the new bank account in the name of the Defendant from the victim under the name of the Defendant.

3. On May 201, the Defendant, at the above G entertainment site around 2011, sent to the victim I KRW 100,000,000,000 to the victim I by combining the said money with the shares of KRW 20,000,000,000, and the principal will be returned after one year.

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