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(영문) 울산지방법원 2016.12.08 2016고단363
사기
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A person shall be punished by imprisonment with prison labor for 8 months and 2 months as to the crime of Article 1 of the judgment of the defendant.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Ulsan District Court on October 5, 2013, which became final and conclusive on October 5, 2013.

1. The Defendant stated that “Around October 2013, 2013, the Nonghyup Bank located in Ulsan-gu, Ulsan-gu, Seoul-do, that “Around the end of October 2013, the Defendant would have to pay off the amount of KRW 3 million to the victim E, “A company in operation should be immediately prevented from paying off the amount of bills.” The Defendant borrowed money from the victim E to the end of February 2014.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Accordingly, the Defendant, as seen above, was urged by the victim and received KRW 3 million from the victim, and received a total of KRW 56.7 million from around that time to July 7, 2014, as shown in attached Table 1, from around seven times as shown in attached Table 1.

2. On August 28, 2012, the Defendant made a false statement stating that “Around August 28, 2016, the Defendant called the victim F by phoneing to the victim F, who is not in Ulsan, and KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, the defendant did not have any income but did not have any intent or ability to repay the debt amounting to KRW 100 million, such as the credit card price of KRW 10 million, even if he borrowed money from the victim.

Accordingly, the Defendant, as seen above, by deceiving the victim, received five million won from the victim to the Defendant’s national bank account on the same day, and subsequently, acquired a total of 130,439,158 won, as shown in the attached Table 2, from around that time to June 19, 2013.

Summary of Evidence

"2016 Highest 363"

1. Defendant's legal statement;

1. Each police statement of E;

1. A complaint;

1. Loan certificates, details of transactions of deposits in agricultural cooperatives, details of use of agricultural cards, and details of transactions of agricultural cooperatives accounts;

1. Each report on investigation;

1. Criminal records "2016 Highest 3867";

1. Defendant's legal statement;

1. Each police statement of F and G 1.

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