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(영문) 울산지방법원 2018.10.23 2018고단1026
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Criminal facts

On May 13, 2014, the Defendant made a false statement to the victim B by phone calls to the victim B, and “I will complete payment if I will lend one million won as I would have been urgently used.”

However, the defendant did not have assets under the name of the defendant at the time, while he did not have any obligation equivalent to KRW 22 million such as loans of the lending company, so even if he borrowed money from the injured party, he did not have an intention or ability to repay it.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 1 million from the victim’s bank account under the name of the Defendant on the same day from the victim; and (c) received KRW 66,80,000,000 in total from the victim until January 9, 2017, from around six times as indicated in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of five Acts and subordinate statutes, such as a trading statement and a trading statement;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation (the period and grounds for calculating the interest or delay damage for which an applicant for compensation seeks compensation is unclear, and the Defendant’s husband D transferred on September 12, 2018 the Defendant’s husband D on the grounds that the scope of liability for compensation is unclear, and thus, it can be deemed that the scope of liability for compensation is not clear) / [typed determination] type 1 (less than KRW 100,00) [Special Sentencing] [Determination in the territory of recommendation] - Where the Defendant committed repeatedly for a considerable period of increase [the scope of recommended punishment] 1 year to 2 years and 6 months [the main grounds for suspended execution] [the main grounds for suspended execution] - There are no criminal records that may not be criminal punishment for a considerable period of time, taking into account that there is no positive force for a significant period of time - major reason that has not been subject to criminal punishment.

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