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(영문) 울산지방법원 2019.06.14 2018고단3630
사기
Text

A person shall be punished by imprisonment with prison labor for not less than six months for the first and second crimes in which he/she held a defendant, and by imprisonment for not more than two months for the third crimes in its holding.

Reasons

Punishment of the crime

[Criminal Power] On November 25, 2016, the Defendant was sentenced to a suspended sentence of ten (10) years for criminal fraud at the Ulsan District Court, and the judgment became final and conclusive on December 3 of the same year.

【Criminal Facts】

1. On November 9, 2016, the Defendant stated that “A” office operated by the Defendant in Ulsan-gu, Ulsan-gu, that “A” office would not have any material cost so that the Defendant would not perform construction works. If the Defendant borrowed KRW 10 million, the Defendant would complete the interior works after three months. The interest would be KRW 400,000 per month.”

However, at the time of fact, the defendant was in bad credit standing with a debt equivalent to KRW 15 million and was economically poor, such as delinquency in office monthly, and even if construction work is completed due to lack of repayment of borrowed money, there was no intention or ability to repay borrowed money to the victim.

Nevertheless, on November 10, 2016, the Defendant, by deceiving the victim as above, received cash KRW 10 million from the above office around November 10, 2016.

2. Around November 20, 2016, the Defendant, at the office of the above “C”, said “C” that, if the Defendant lent KRW 20 million to the victim, he/she would complete the interior construction after three months, including KRW 10 million loaned in front, he/she will complete the interior construction. He/she will complete the payment even if he/she has to do so as security. The interest would be paid KRW 400,000 per month with KRW 10 million plus KRW 4 million per month.”

However, at the time of fact, the Defendant was a bad credit holder with a debt equivalent to KRW 15 million, who was economically poor, was unable to offer the loan as security, which was long as it was divorced from the denial, and was willing to use the loan as a material cost, not a material cost, as a material cost, and it was insufficient to repay the loan.

Nevertheless, the defendant deceivings the victim as above and belongs to it.

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