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(영문) 울산지방법원 2015.10.14 2015고단1366
사기
Text

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

Reasons

Punishment of the crime

1. On June 24, 2014, the Defendant: (a) resided in a high-class officetel in the same elementary school (hereinafter referred to as “high-class officetel”); (b) took place as if he/she had financial capacity in the same place; (c) paid 100,000 won monthly interest in another place; and (d) was transferred from the victim to the Agricultural Cooperative in the name of the Defendant on the same day under the name of the Defendant on the same day on September 20, 2014; and (d) received 20,000,000 won from the victim on the same account on September 20, 2014; and (d) received 30,000 won from the victim on October 10, 2014; and (e) was transferred from the victim on the same account on the same day on the same day on the same day.” (e) received 300,000 won from the victim on the same account.

However, the Defendant did not have any intent or ability to repay money in time, even if he borrowed money from the victim, because the Defendant was operating a credit business by lending money to another person in the form of a "reshion" in excess of the obligation at the time.

Nevertheless, the Defendant, by making such a false statement to the victim, received a total of KRW 44 million from the victim on three occasions, and acquired it by fraud.

2. On October 24, 2014, the Defendant made a false statement that “Around October 24, 2014, the Defendant made a number system for paying a monthly regular bonus over 26 times, but would be able to escape from the fraternity in line with the order of priority.”

However, as above, the Defendant operated a financial system without surplus funds in excess of his/her obligation, and some of the members of the fraternity were registered as a fraternity without permission and could not operate a normal number system, so even if he/she received a financial deposit from the victim, he/she did not have the ability to pay the financial system in accordance with the order of priority.

The Defendant, as such, deceiving the victim and deceiving him/her from the victim on October 24, 2014.

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