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(영문) 울산지방법원 2018.10.10 2018고단1122
사기
Text

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

Reasons

Punishment of the crime

The defendant is a member of the (State)C in Ulsan-gu B, and the victim D is a member of the same company of the defendant.

The Defendant was given a loan of KRW 35 million to seven lending companies with a joint and several suretys.

1. On January 2016, the defrauded around January 2016, the Defendant would use the loan to which the victim would have jointly and severally guaranteed in the above Section C, if the Defendant borrowed money from the bank with additional loans from the bank.

2. The term “assumed.”

However, in fact, the defendant was thought that he received money from the injured party to use it for sports discussions, etc., and there was no particular property at the time and debt amounting to KRW 80 million, so there was no intention or ability to repay the money to the injured party.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the E account in the name of the Defendant, KRW 10 million on January 7, 2016, and KRW 10 million on the following day.

Accordingly, the Defendant received a total of KRW 20 million from the injured party and acquired it by fraud.

2. On February 2, 2016, the Defendant, at around February 2016, would receive an additional loan from the victim under the name of the victim, with the maximum amount of loans extended and the full amount of the loan.

2. The term “assumed.”

However, in fact, the defendant thought that he received money from the injured party to use it for sports competitions, etc., and there was no intention or ability to pay money to the injured party otherwise.

As such, the Defendant, by deceiving the victim and deceiving the victim, amounting to KRW 9.6 million around February 23, 2016 from the damaged party;

2.24. 24. 10 million won around the day;

2.25. Minority KRW 10 million;

2. Around 26.26. 2,540,000 won was remitted to the E account under the name of the Defendant.

Accordingly, the Defendant received a total of KRW 32.5 million from the injured party and acquired it by fraud.

3. On June 2016, the Defendant: (a) on May 2016, 2016, the Defendant paid the victim the amount of money that he/she had paid to the Defendant with which he/she had not repaid the existing loans.

A loan shall be paid in full with additional loans and additional loans shall be paid in the name of the principal.

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