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(영문) 울산지방법원 2019.08.20 2019고정414
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Ulsan District Court, which became final and conclusive on February 2, 2019.

【Criminal Facts】

Around September 2016, the Defendant stated that “The cash is urgently required, but the company will pay it with the interest of Bohon after the month of the loan” to the victim D at the C coffee shop located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do.

However, the Defendant, who had no property owned by the Defendant, deceiving others under the pretext of “to have them find employment”, and obtained KRW 124 million from others, and took charge of the liability for the above amount, and thus, did not have any intent or ability to complete payment even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 500,000 from the victim on September 2016, and KRW 500,000 from October 2016.

Around September 10, 2018, the Defendant 2019, U.S. 415, the Defendant called a telephone to the victim E who was aware of the Defendant’s mother and was in pulsan (hereinafter referred to as U.S.) on September 10, 2018, saying, “In-house, money is necessary for legal disputes. If the deposit is 4 million won, all disputes are settled, and 37 million won can be collected from the other party, but the amount of KRW 1.7 million is insufficient, and there is a difference between KRW 1.7 million and KRW 1.7 million. As the case was resolved in September 21, 2018, the Defendant made a false statement to the effect that “in-house, five million won will be repaid up to the mother’s debt.”

However, the defendant was under trial due to the suspicion of fraud of 100 million won or more at the time, and even if there is no special income and there is no legal dispute to receive the money from the victim, there was no intention or ability to pay the money.

Nevertheless, the defendant deceivings the victim as such, and is 17 million won on the same day from the victim.

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