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(영문) 울산지방법원 2014.04.11 2013고단3024
사기
Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant and the victim D were to die from January 2012 to November 2012, and were living together in the victim’s house and lived around that time. At the time, the Defendant was engaged in insurance business, but the monthly income is below KRW 80-2 million, and there was no specific property, such as real estate. On the other hand, the victim had a certain amount of income of KRW 85 million as a bank source and owned an apartment house in Seoul.

The defendant, who said himself as the site location of insurance company, got married to the victim after the marriage, and helps the victim obtain money from the victim who believed the money to use it as personal debt repayment or living expenses.

1. Around January 30, 2012, the Defendant: (a) around January 30, 2012, the Defendant said that “Around January 30, 2012, the Defendant borrowed KRW 10 million from the victim’s house located in Dongjak-gu Seoul Metropolitan Government E apartment 104 Dong 503 to the victim’s house.”

However, the Defendant, at the time, did not have any other property and did not have any intent or ability to repay the debt from the victim even if he borrowed money from the victim because he did not have any other property, while he did not have any other property.

The Defendant received 7 million won from the victim to the account in the name of the Defendant on the same day, and 3 million won from January 31, 2012 to the same account, and received property by deceiving the victim.

2. Around March 6, 2012, the defrauded stated, “Around March 6, 2012, the Defendant paid money to the victim” at the place indicated in the foregoing paragraph (1) at the same time.

However, the defendant did not have any intent or ability to repay the borrowed money even if he borrowed money from the victim as stated in the above paragraph (1).

The defendant was transferred 3 million won from the victim to the account of the defendant on the same day, and received property from deceiving the victim.

3...

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