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(영문) 울산지방법원 2012.09.27 2012고단1288
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 13, 2007, the defendant was sentenced to imprisonment for five months and a fine of three hundred and fifty million won for fraud at the Ulsan District Court for the same year.

8.24. A person for whom the above judgment has become final and conclusive.

On May 10, 2005, the Defendant made a false statement to the victim D, stating that “I would pay back money within a certain period of time when I would lend money to the victim D,” at the Seoul Yeongdeungpo-gu Seoul Metropolitan Commercial Building Site Office.

However, at the time, the defendant did not have any intent or ability to repay his personal debt even if he borrowed money from the victim with no property or income in excess of 50 million won or more, or even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim as such, obtained 5 million won from the victim on the same day from the victim, 7 million won around May 12, 2005, 8 million won around May 15, 2005, and 8 million won around May 30, 2005, and acquired 28 million won in total as each borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. A complaint;

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment to the same case);

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

1. Selection of a selective fine for punishment (a majority of the past penalties for the same type of crime is recognized as the need to impose severe punishment, but agreed with the victim, and considering the fact that the opening of a commercial building after borrowing it seems to have not reached the performance of obligations, etc.);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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