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(영문) 울산지방법원 2019.08.13 2019고단812
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who works as an entertainment worker in Ulsan-gu singing room, and the victim B who served as a singing guest around March 2017 through April 2017 and was informed of the victim from that time to that time.

6. On June 23, 14 to June 23, 198, the victim borrowed 5% interest and principal of 18.7 million won per month on the condition that he/she has to repay the bonds 20 million won to the victim.

As above, in the situation where the Defendant is obliged to pay the interest and principal for KRW 18.7 million to the victim monthly, the Defendant made a false statement to the victim on June 27, 2017, stating that “it is necessary for the victim to pay the expenses for his/her father’s surgery, the repayment of bonds by the division of division C, the opening of the office, and the repayment of bonds and the living expenses by Dominia. The Defendant borrowed the money to reduce the interest and principal of KRW 18.7 million every month.”

However, in fact, the Defendant was in a considerable situation where the funds borrowed from bonds, loans from loan companies, victims, etc., and the amount of profits to be engaged in entertainment business is uncertain not only because the profits have been repaid the existing debts or used for living expenses, but also have not been fixed. Therefore, even if the Defendant borrowed the money from the victim, there was no intention or ability to pay the principal and interest every month.

As above, the Defendant, by deceiving the victim as above, received transfer of KRW 19.5 million from the victim around that time, and deceiving the victim over 13 times from December 15, 2017, as shown in the List of Crimes, and was given KRW 130,90,000 from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. The second written statement made by the prosecutor on the accused in the suspect examination protocol No. 2;

1. The prosecutor’s statement concerning B;

1. Application of Acts and subordinate statutes on complaint, loan certificate, and account transaction;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Imprisonment with prison labor chosen;

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