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Reasons
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(영문) 울산지방법원 2013.12.20 2013고단570
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2013 Highest 570] Around September 27, 2011, the Defendant made a false statement to the victim F in the “E” Ma-Ga and Gu Da, stating that “I will repay to the victim F within one month when I lend 4 million UN to the victim F.

However, the fact was that the Defendant subscribed to the fraternity at the time, but that fraternity was in a condition that it could not be confisced that the time limit was successful, and that the time limit was merely 3 millionN, while the Defendant’s personal obligation reached approximately 25 million UN, there was no intent or ability to repay the loan even if it was received from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, acquired pecuniary benefits equivalent to the same amount of money in a way that the Defendant received 4 million UN worth being awarded a successful bid at the end of September 201, by instead of the Defendant.

[2013 Highest 3307] Around September 19, 2011, the Defendant made a false statement to the effect that “G” located in Don Don Dong-dong, Japan, Dondong-gu, and the victim H, “if it is urgently necessary to provide a monthly wage for operating expenses and employees, he/she would provide a repayment of the time-to-face money to another person if he/she lends money.”

However, the Defendant did not pay monthly pay to the employees in a month in which the restaurant operated at the time was not well-grounded. However, even if the Defendant did not receive money from the victim about about 25 million UN, the Defendant did not have any intent or ability to pay the money.

Nevertheless, the Defendant received 1 million UN from the victim, namely, i.e., 1 million UN around September 20, 201, 100,000 UN on September 24, 201, 150,000 UN on September 24, 201, and 50,000 UN on October 3, 201, and received a total of 4 million UN from the victim.

Summary of Evidence

[2013 Highest 570]

1. Defendant's legal statement;

1. F statement of the second police interrogation protocol against the defendant

1. Statement made by the police with F (2013 order 3307);

1. Part of the defendant's legal statement (the part recognized as the replacement of facts) 1.

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