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(영문) 울산지방법원 2017.02.09 2016고단4016
사기
Text

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

Reasons

Punishment of the crime

"2016 Highest 4016

1. On February 12, 2012, the Defendant against the victim D borrowed KRW 10 million from the “F” operated by the Defendant located in Ulsanbuk-gu, Ulsan-gu, to the victim D, the Defendant would pay the principal by paying the interest of KRW 5% per month if he/she borrowed KRW 10 million to the victim D.

A false statement was made.

However, from around 1998, the Defendant was registered as a business operator under the name of son because the Defendant was unable to open a card under the Defendant’s name due to the delinquency in payment of the card. However, in the situation where the consumption of fishery products due to radiation leakage caused by the previous Japan’s site that occurred around March 201, it was difficult to operate the card due to the decrease in the usage of fishery products, there was buck support to pay wages to 5 million won per month, and at the time, the Defendant agreed to pay 65 million won interest, including the victim, G including the victim, and H, and paid the principal and interest of 10 million won per month due to the failure to repay the entire amount, and there was no intention or ability to repay the amount from the damaged person, even if there was a large amount of obligation without any specific property, such as borrowing 20 million won from I to 20 million won.

Nevertheless, as above on the same day, the Defendant, by deceiving the victim, received 7 million won from the victim to the account under the name of the J of the accused, and acquired 3 million won by cash delivery.

2. On March 8, 2012, the Defendant against the victim H: (a) around March 8, 2012, in order to purchase a substitute for sale from the above “F” to the victim K at the above frequency, KRW 10 million should be paid 5% interest per month on the part of the victim’s credit card in his/her name, and the principal shall be repaid within 100 days from the date of borrowing.

A false statement was made.

However, the defendant did not have any intention or ability to pay the price even if he receives the payment from the injured person in lieu of the payment, as in paragraph 1.

Nevertheless, the defendant is a victim of the same day.

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