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(영문) 울산지방법원 2016.01.14 2015고단2433
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On December 11, 2014, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Jeju District Court, and the judgment became final and conclusive on December 19, 2014.

[Criminal facts]

1. On August 30, 201, the Defendant, at the E shopping center operated by the victim D in Jeju-si around August 30, 201, allowed the victim to visit the E shopping center operated by Jeju-do school through the F Co., Ltd. to provide shopping services.

I would like to lend a credit card to B to B and pay the bus principal expenses, event expenses, etc. related to school travel, receive the travel expenses from the school that requested school travel as the school of the end of the school trip and pay the credit card fee of the Party.

The phrase “ makes a false statement.”

However, around that time, FF Co., Ltd. that operated the Defendant had approximately KRW 20 million monthly profits, but the Defendant had to pay KRW 30 million each month as the principal and interest of KRW 15 million for personal debts from around 2010 as the principal and interest of KRW 15 million and KRW 30 million each month for the purchase of tourist buses. Thus, even if the Defendant borrowed a credit card from the injured party, it did not have any intention or ability to pay the amount of the credit card to the victim even if it was used.

The Defendant received a credit card from the injured party, and settled the total amount of KRW 82,886,550 with the Samsung Card in the name of the injured party from August 31, 2011 to May 7, 2012, and acquired financial benefits equivalent to the same amount.

2. On September 27, 2012, the Defendant: (a) at the E shopping center referred to in the foregoing paragraph (1) around September 27, 2012, the Defendant: (b) lent KRW 10 million to the victim D the right to issue the airline tickets at Ulsan High School, and (c) would be paid back immediately on September 28, 2012, if he/she loans KRW 10 million to the Party.

The phrase “ makes a false statement.”

However, the defendant is identical to the above Paragraph 1 around that time.

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