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(영문) 울산지방법원 2018.08.16 2018고단1032
사기
Text

The defendant shall be innocent.

Reasons

1. The defendant is the 15-day serial line consisting of 26 fraternitys and 10 million Wons.

On June 24, 2014, the Defendant: (a) around Ulsan-gu, Ulsan-gu; (b) around 24, 2014, in order to prepare for the Defendant’s failure to pay the said D’s accounts, the Defendant had the victim E to stand joint and several surety of the said D’s accounts; and (c) the obligor, joint and several surety, prepared a certificate of work progress of No. 397 of 2014, 200, the 15-day accounts of the 15-day accounts of the victim; (d) around that time, the Defendant received the 15-day accounts of D from D to request the victim to pay the D’s accounts.

Nevertheless, around July 2017, the Defendant made a false statement to the Ulsan District Court to the effect that “D did not fully pay the deposited money to the victim, such as seizure and collection order against the victim, seizure of movable property with debt, etc.,” using the aforementioned process deed, the Defendant made a false statement to the effect that “D must pay the deposited money to the victim instead of the joint guarantor.”

Defendant deceiving the victim as above, and was delivered KRW 19,320,000 to the injured party around July 26, 2017.

2. The Defendant asserted that “The complainant is liable to pay the amount of money in installments, which is the content of the principal obligation, because D, a non-principal on the process deed of this case, did not perform the obligation to pay the amount of money in installments,” and that the complainant’s claim and the movable property are seized, and urged the complainant to pay it. The fact that the complainant paid the money in advance to the Defendant is also recognized.

In doing so, it is difficult to recognize that D’s assertion against the complainant constitutes deception, further, whether the complainant paid the money by deceiving the complainant or not for the following reasons.

(a)the 15-day number system;

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