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(영문) 울산지방법원 2016.04.14 2015고단2444
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 15, 2010, the Defendant called the victim B at a non-permanent place on April 15, 2010 and requires funds to commence trade business.

It is necessary to lend money to the trading business.

The phrase “ makes a false statement.”

However, the fact was that the trade business that the Defendant sought was unable to start due to experience and financial shortage, and was abandoned from the end of 2009, and it was equivalent to KRW 70 million for the Defendant’s family members and the Defendant’s bank obligations at the time, but there was no other income and no other method to repay the borrowed money, and thus, it was thought that the Defendant would have used the existing obligation to repay the borrowed money for entertainment expenses, such as alcohol or gambling, rather than using it for the trade business.

Nevertheless, the Defendant: (a) by deceiving the victim by the foregoing method; (b) received money of KRW 1.8 million from the victim on April 15, 2010 from the victim; and (c) received KRW 72,879,000 from that time until March 13, 2013, such as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint;

1. A loan certificate or deposit account;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendation] [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 50 [the scope of recommendation] There is no person who is in charge of special sentencing [the period from June to one year and six months] in the basic area (the period from June to one year] [the decision of sentence] [the decision of sentence], taking into account all the conditions of sentencing, such as the age, sex, environment, etc. of the defendant,

The damaged person is punished for the defendant because the damage has not yet been recovered even though the damage was not significant due to the crime of this case.

- The Defendant used the money obtained from the injured party as entertainment expenses, such as casino, living expenses, etc.

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