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(영문) 울산지방법원 2013.05.30 2013고단190
사기등
Text

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

Around August 26, 2008, the Defendant filed an individual rehabilitation application with the Ulsan District Court for the total amount of KRW 146,748,359, as it was unable to repay approximately KRW 100 million of card, arrears, and various loans while working for D Co., Ltd., and around January 2009, the said individual rehabilitation procedure was abolished on April 19, 2010 because the Defendant failed to pay the reserve funds according to the credit repayment plan after the retirement of the said company.

1. Around March 2009, the Defendant stated that “A victim E, who had a workplace club fee, shall be paid with the interest accrued up to November if he/she had a regular share of the shares, and he/she would be paid with the interest accrued up to the day.”

The victim retired from the company, but there was a significant retirement allowance, and there was a loan to the defendant that he tried to engage in a stock-related business even before, and because the defendant knew that he applied for individual rehabilitation, he borrowed money.

However, in fact, since the defendant had already applied for individual rehabilitation, he did not make a direct investment in the shares, and the money received from the victim was not used for the shares investment and was used for the personal expenses, even if he borrowed money from the victim, he did not have the ability to pay the principal and interest.

The Defendant, as such, deceiving the victim and receiving 23 million won from the victim to the account under the name of the Defendant, including the transfer of 23 million won from the victim.

6.18. Minority KRW 10 million, around 18.00,000; and

8.13.Woman around 13.Woman, 10 million won; and

9.8.Around August 9, 2000, received a total of KRW 73 million, such as receiving each remittance.

2. The Defendant, who forged a private document and affixed the same events, had the intent to arbitrarily prepare a confirmation letter of his/her name E, a former workplace rent, in order to create materials to prove his/her income in the process of proceeding by filing an application for individual rehabilitation as above.

The Defendant is at the bar of a mountain site located in April 2010.

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