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(영문) 울산지방법원 2015.05.14 2014고단3033
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2014, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Ulsan District Court, and the judgment was finalized on August 19, 2014.

The Defendant was a bad credit holder at the time, and was equivalent to KRW 80 million in arrears of the National Tax Service, and approximately KRW 88 million in arrears of the financial institution, and there was no economic ability to pay KRW 10 million in arrears to other creditors, and even if the Defendant borrowed money from others due to the lack of other creditors’ financial capacity, there was no intent or ability to pay the borrowed money by using it as repayment of other obligations. The Defendant did not have any intent or ability to pay the borrowed money even if it received the material from others even if it was supplied with the material.

1. Around October 6, 2012, the criminal defendant against the victim C made a false statement to the effect that “if a person lends money, he/she would dispose of the scrap metal and immediately repay it,” by phoneing the victim C at a place where it is not possible to know a place not exceeding Yangsan-si.”

In such a manner, the Defendant, by deceiving the victim, received KRW 17 million in total from the victim, under the name of the said victim to the Agricultural Cooperative Account under the name of the Defendant’s father, and received KRW 50 million in total from the victim, including KRW 17 million in loan, KRW 23 million in June 6, 2013, and KRW 10 million in June 7, 2013.

2. Around January 13, 2013, the criminal defendant against the victim E made a false statement to the effect that “The victim E shall repay three-minute interest and principal after the month when he/she lends money to the victim E”.

The Defendant, as above, deceiving the victim and deceiving him to the account described in paragraph (1) from the victim to the account described in paragraph (1) for the same year, shall be KRW 20 million on the same day as the loan.

1.14.14.10 million won around, and for the same year;

2.3.Around 10 million won, for the same year.

2.7.3 million won around the same year,

3.5 million won around the same year, and for the same year.

6.3.Before around 2.9 million won, a total of KRW 50.9 million was remitted.

3. Fraud against victim H;

A. On June 12, 2013, the Defendant committed the crime of July 3, 2013, from I located in Gyeyang-si F, to the victim H, “on the face of lending money.”

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