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(영문) 울산지방법원 2016.08.19 2016고단510
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

On July 22, 2015, one of the facts charged is the victim D's fraud.

Reasons

Punishment of the crime

【2016 Height 510】

1. On April 2014, the Defendant committed a crime against the victim D, resulting in a large amount of liability due to an investment in shares, and resulting in a loss, and resulting in a shortage of self-sufficiency in paying the borrowed money to several creditors in the form of prevention of return.

The Defendant borrowed money to those who need to pay money and received high interest from the Defendant, as if he was playing the “bonds play”, and received money from the victim D.

On December 1, 2014, the Defendant called the victim’s phone call, and “The Defendant borrowed money for the bond play with a high interest rate of 10% per month or 25% per month from the debtor with a loan play.”

However, even though the Defendant was liable for a large amount of debt, the Defendant did not have any intent or ability to repay the amount, and was able to repay the amount with the money borrowed from the injured party with the money borrowed from the injured party. Therefore, there was no intention or ability to pay the interest to the third party and to deliver it to the injured party.

The Defendant, as such, by deceiving the victim, received 10 million won in total from the victim to the Busan Bank Deposit Account (Account Number F) of E, his husband on the same day, and received 40,000,000 won in total on three occasions, as shown in the List of Crimes 1.

【2016 order 854】

2. On September 1, 2015, the Defendant committing the crime against the victim G, at the home of the I, which is located in Yangsan-si H around September 22, 2015, and the victim G, “The Defendant may make a extreme choice because the J may make a extreme decision because it is economically difficult to do so. The Defendant may provide money in short order on October 1, 2015. Therefore, if the J is unable to do so, it will make a full payment in lieu of the Defendant.

“.........”

However, the defendant bears the obligation to J at the time, and is urged to pay the obligation from him.

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