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(영문) 울산지방법원 2016.10.13 2016고단2606
사기등
Text

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

Reasons

Punishment of the crime

1. Fraud against victim D;

A. A. Around June 2008, the Defendant made a false statement to the victim D in the Gangnam-gu Seoul E-gu’s corridor stating that “I will obtain her care, and will lend 10 million won per annum due to the shortage of money.” On the other hand, the Defendant would use 2 copies per month and pay 6 months only.”

However, in fact, while the Defendant was operating a large number of successful bidders without any particular income at the time, the Defendant did not intend or have ability to repay the amount even if he borrowed money from the victim, because some of the members failed to pay the amount normally, and failed to pay the amount to the members who received the successful tender, and was in excess of the obligation by using the money from the large number of members.

The Defendant received 10 million won in cash from the victim on the same job as the borrowed money.

B. Around July 6, 2009, the Defendant made a false statement to the victim D, stating that “The Defendant would pay the victim KRW 10 million prior to the lending of KRW 2 million to the victim D.”

However, due to the above circumstances at the time, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim.

The Defendant received 2 million won in cash from the victim on the same job as the borrowed money.

2. Around March 27, 2009, the criminal defendant against the victim F made a false statement to the victim F to the effect that the victim F would have to obtain money from the victim F at a capital reduction house located in front of the Seoul Gwangjin-gu Seoul Metropolitan Government G Office. If he/she borrowed money, he/she would receive money from the winning bid. When he/she becomes aware of it, he/she would have to repay money from the commercial building."

However, the defendant was in the above situation at the time and did not own commercial buildings, so even if he borrowed money from the victim, he will pay it in full.

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