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(영문) 울산지방법원 2015.07.09 2014고단4042
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 7, 2013, the Defendant concluded a false statement that “The Defendant would make a contract with the victim to operate an oman bank” in the “Fnoman bank operated by the victim E in Gyeyang-si, Yangsan-si, with no balance. If the Defendant lent KRW 20 million to the victim, he/she would make a payment to the victim in one month, such as the deposit for lease deposit, etc. at the present operation of the restaurant.”

However, at the time, the Defendant had not entered into a contract for the operation, and there were almost no monthly rent, etc., which the lessor would receive from the lessor, and the amount of KRW 5 million monthly interest was paid due to a debt equivalent to KRW 160,000,000, and there was no specific income or property other than KRW 1100,000,000, and even if the Defendant received money from the victim, he did not have the intent or ability to pay the money within one month, and it was thought that the Defendant would receive this and repay the debt to other persons.

The Defendant received KRW 20 million from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 23, 2014, the Defendant made a false statement that “Around January 23, 2014, the Defendant entered into a contract with the victim to pay a larger amount of money for the future, and there is no cost to install music facilities. If the Defendant borrowed KRW 10 million to the end of March 2014, the Defendant would repay all borrowed money by the end of March 201.”

However, the defendant had no intention or ability to repay money even if he received money from the victim because he was economically and economically difficult to do so, and was unable to repay the above 20 million won by the victim, as stated in Paragraph 1.

The Defendant received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

3. The Defendant is living together with the Defendant in Yangsan-si G around February 27, 2014.

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