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(영문) 울산지방법원 2014.07.03 2014고단686
사기
Text

A defendant shall be punished by imprisonment for six months.

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

When the defendant works as an employee at a restaurant in 2005, he deceivings the victim B who became aware of the customer by deceiving him, or has received a credit card from the victim and used it.

1. On April 201, 201, the Defendant made a false statement that “Around the following date: (a) the Defendant called the victim to inherit KRW 700,000,000 by telephone; (b) in order to pay inheritance tax, KRW 7,00,000 is necessary. If the Defendant was unable to pay inheritance tax, only KRW 150,000 is to inherit the amount of KRW 150,000,000.”

However, the defendant did not have any property to be inherited as above, and even if he borrowed the above money, he did not have any intention or ability to repay it even if he borrowed the money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 7,00,000,00 in the name of the Defendant from the Ulsan Namnam University account (Account Number C) in the name of the Defendant.

2. On June 201, 201, the Defendant: (a) the victim made a false statement to the effect that “The Defendant was engaged in the business of selling the mination of agricultural and industrial complexes with a small Ibane at present; (b) the small father is currently engaged in the construction of a four-line road; (c) there are many people who are recruited to invest in this business. The sale of yellow soil from this land is a large sum of KRW 00 million. The Defendant entered several factories on the relevant land, such as the entry of a flag invested in the said land and a factory; and (d) the Defendant may impose a large amount of money without any accelerator if it is possible to use it for business and make full payment of money later.”

However, the defendant does not engage in the business together with small Ibane, but is the representative E and the business of D, which are "D," but the victim.

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