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Reasons
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(영문) 울산지방법원 2015.06.11 2014고단3960
사기
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A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is often aware that it is necessary to pay money to the victim B, who was aware of his knowledge, because the defendant's operation was well known.

On December 2, 2013, there was a telephone contact from the victim that it is possible to lend money to the victim and used money to lend the victim.

On December 2, 2013, the Defendant made a false statement to the effect that “The Defendant would pay the principal and interest of KRW 1,60,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, in a restaurant operated by the victim in Yangsan-si.”

However, there was no fixed revenue or property in addition to raising the monthly income equivalent to KRW 500,000 per month from Schlage operated by the Defendant, and the unpaid amount of monthly rent and goods was at least KRW 2,00,000,000, and it is reasonable to repay the principal and interest of KRW 9,000,000,00 borrowed from the borrower company in early 203, and there was no intention or ability to repay the loan even if the borrower borrowed money from the victim.

Around January 2, 2014, the Defendant received 9980,000 won from the victim under the name of the Defendant’s child as the borrowed money, and received 20,000 won from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A complaint;

1. A criminal investigation report (Submission of details of entry and withdrawal of a complaint passbook), details of transactions, investigation report (Attachment to a non-prosecution for a suspect in violation of the Electronic Financial Transactions Act), and non-prosecution;

1. Application of the Acts and subordinate statutes on a copy of passbook and loan certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] is general fraud.

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