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(영문) 울산지방법원 2016.09.06 2016고단2222
사기
Text

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

Reasons

Punishment of the crime

1. Crimes against victims C;

A. On February 23, 2015, the Defendant stated that, “Around 14:00, the Defendant would repay the victim D, a workplace partner of the Hyundai Heavy Industries Co., Ltd., Ltd., Ltd., the defense Dong-dong, Ulsan-gu, U.S., with the payment of KRW 3 million, if the accident occurred and the amount is urgently needed.”

However, there was no accident that the defendant was suffering from the accident, and even if the defendant received money in the state of aggravation of the finance at the time, he did not have the intention or ability to pay the borrowed money, as he thought to use it as living expenses, etc.

The Defendant, as above, by deceiving the victim, received KRW 3 million from the victim to the Agricultural Cooperative Account under the name of friendly E in the same day.

B. At around 10:00 on March 17, 2015, the Defendant concluded that “The Defendant would pay KRW 20 million to the Plaintiff, including KRW 3 million borrowed from the Plaintiff, if he/she invests KRW 7 million in the real estate auction business,” at the above place.

However, in fact, the defendant did not have a person who conducts real estate auction business, and even if he received money from the victim, he did not have the intention or ability to invest in the auction of real estate or to create profits, and he did not have the intention or ability to repay the borrowed money.

As above, the Defendant received KRW 7 million from the victim to the said agricultural bank account on the same day.

As a result, the defendant was delivered property by deceiving the victim two times.

2. Around May 22, 2015, the Defendant committed a crime against the Victim F, false statement to the Victim F, who is a company partner, in front of Ulsan-gu G G, Ulsan-gu, stating that “When a person makes a real estate auction business, he/she will make an interest rate of 20% of the principal every three months if he/she invests money.”

However, the defendant did not engage in the real estate auction business, and even if he received money from the victim, he did not have the intent or ability to invest in the real estate auction or to create profits, and he did not pay the money.

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