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(영문) 울산지방법원 2019.03.22 2018고단648
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On January 18, 2018, the Defendant was sentenced to a suspended sentence of 8 months in imprisonment for fraud at the Ulsan District Court, and the said judgment was finalized on April 14, 2018.

The Defendant leased and operated “C” the building owned by B, which was located in the Nam-gu Incheon Metropolitan City, and around May 2016, the management of the building was aggravated, and the lease contract could be terminated at any time due to the failure to pay KRW 170 million equivalent to the rent and management fee for nine months due to the aggravation of management at the time, and the occurrence of the damage and the excessive situation was not possible to operate the said C normally.

1. Around May 2, 2016, the victim D made a false statement to the effect that “The said victim would use money for business in the current employee’s monthly salary, etc.” (a) would be paid one year after the loan to the said victim and KRW 100,000 for one case upon receipt of an application for wedding from customers in the course of operating C.”

However, there was no intention or ability to repay the borrowed money to the victim as agreed because the economic situation was difficult at the time and the management has deteriorated.

As such, the Defendant, by deceiving the victim, was given KRW 50 million on the same day under the pretext of borrowing money from the victim.

2. Around May 3, 2016, the Defendant entered into a service contract with the said victim E to take exclusive wacture photographs from May 3, 2016 to June 30, 2017 at the said C office.

However, there was no intention or ability to properly guarantee the contract term to the victim, because the management of the victim has deteriorated as above.

The Defendant, as such, by deceiving the victim, received KRW 100 million on the same day as the contract deposit from the victim.

3. The Defendant F, at the above C office around November 21, 2016, was an exclusive beauty room from November 21, 2016 to November 20, 2017 with the said victim.

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