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(영문) 울산지방법원 2016.09.06 2016고단1352
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On January 16, 2014, the criminal defendant against the victim E calls the victim E at a place not exceeding Ulsan-gun, Ulsan-gun, and falsely speaks that “The lawsuit cost of this kind of interest is necessary. If the defendant lends money, he/she will complete the payment with the other hand.”

However, there was no fact that the defendant's mother did not proceed with the lawsuit, and the defendant did not have any intention or ability to pay the amount even if he/she borrowed money from the victim by consuming all the amount of the benefits received at work as a result of the fact that he/she did not have any tax equivalent to KRW 60 million in addition to the amount of tax equivalent to KRW 30 million without any special property at the time

As such, the Defendant, by deceiving the victim as such, received KRW 6 million from the victim through the Nonghyup Bank account (Account Number: G) in the name of the Defendant’s married on the same day under the pretext of borrowing money from the victim.

In addition, the Defendant received 82,168,000 won in total from the victim over 48 times in the same manner as indicated in attached Table 1, from around October 29, 2015, from the victim, from that time until October 29, 2015.

2. Around May 27, 2014, the Defendant made a false statement to the victim H by phoneing the victim H at an influorous place not exceeding Ulsan-gun, Ulsan-gun, stating that “The Defendant shall pay off, if lent, it is necessary to do so.”

However, the defendant did not have the intent or ability to pay the money even if he borrowed the money from the victim because he exceeded his obligation, such as Paragraph 1.

As such, the Defendant, by deceiving the victim, was delivered KRW 467,90 to the Nonghyup Bank account as described in paragraph (1) on the same day under the pretext of borrowing money from the victim.

In addition, the Defendant received KRW 71,507,90 in total from the victim 57 times in the same manner as the attached Table 2, from that time until April 11, 2015, in total, 71,507,90 in the same manner as the attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. E and H, respectively.

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