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(영문) 울산지방법원 2018.07.19 2018고정406
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 24, 2015, the Defendant found the victim C’s house located in Ulsan-gu, Ulsan-gu, Seoul-gu, and falsely stated that “A father and wife is studying in the Republic of Korea, but his/her husband and wife is making deposits to his/her head of the Tong to check his/her deposits in the Republic of Korea due to the shortage of his/her study funds, so he/she can immediately return five million won if he/she deposits in the head of the Tong.”

However, even if the defendant borrowed money, he/she had the intention to pay his/her personal debt and did not have the intention or ability to pay immediately.

Nevertheless, the Defendant, by deceiving the victim as such, received five million won from the victim to the E-bank account under the name of the Defendant D under the pretext of borrowing money.

2. On August 26, 2015, the Defendant found the above victim’s office in the foregoing victim’s office and concluded that “If he/she fails to pay the approval price of D’s card, he/she would be a bad credit standingr, but if he/she first lends 2.5 million won of the credit card approval price, he/she would immediately pay it on the A’s monthly wage day.”

However, there was no intention or ability to repay even if the business of the defendant's husband was defaulted and there was no particular property or income, and the defendant borrowed money.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 2.5 million from the victim to the E-bank account under the name of the Defendant D under the pretext of borrowing money.

Accordingly, the defendant acquired a total of 7.5 million won through two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (Attachment of details of transfer of funds to victims);

1. Application of the Acts and subordinate statutes to the F Co., Ltd. reply;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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