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(영문) 울산지방법원 2016.09.29 2016고단2244
사기
Text

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

Reasons

Punishment of the crime

The Defendant, around February 15, 2013, in the “C” ran tavern operated by the Defendant, located in Yeongdeungpo-gu Seoul Metropolitan Government, around February 15, 2013, established additional start-up with the victim D, “Seoul E operates an adult dedicated clocks, and the profitability is good.”

Along with the loan of KRW 30 million with the Fception start-up start-up fund, the principal shall be paid KRW 2 million per month from the following month, and the principal shall be paid after one year.

However, in fact, the Defendant did not specifically prepare for the establishment of an additional business at the time of borrowing money from the injured party, and the Defendant was in operation.

Since the Clocks and dans did not suffer any profit due to the business difficulties, and the debt was about about 30 million won, even if they borrowed money from the injured party, they did not intend or have the ability to additionally start the adult clocks or pay money to the injured party according to the agreement, and 30 million won received from the actual injured party was considered to be used for repayment of gambling funds and personal debt.

On February 28, 2013, the Defendant: (a) by deceiving the victim; and (b) received three copies of the check from the victim, around 10 million won; (c) around February 28, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 347(1) of the relevant Act on Criminal facts, Article 347(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment [the scope of recommendation] The reason for sentencing of sentence of imprisonment [the scope of recommendation] No person who does not have a person subject to special sentencing] [the decision of sentencing] [the defendant has expanded damage by avoiding contact with the victim for a considerable period of time after committing the crime. The defendant continued to enter and depart from a casino from Korea from Korea from Korea from Korea at any time during the above period of 21 times to use some of the money acquired through the above fraud as gambling fund, etc., and the defendant seems to have ability to pay off at all in light of the above departure records.

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