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(영문) 울산지방법원 2020.11.26 2019고단4226
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is between C and high school, the representative director of the victim B, and C and C.

Around August 23, 2018, the Defendant made a false statement to the effect that “If the Defendant lends KRW 55 million to a trader, it would be repaid in installments until December 31, 2018.” The monthly fixed sales amounting to KRW 200 million, the said amount may be fully repaid.”

However, at the time of fact, the defendant had a debt equivalent to KRW 100 million, and even if he/she borrowed money from a victimized company due to not good management conditions, he/she did not have an intent or ability to repay it within the agreed time limit.

Nevertheless, the Defendant, by deceiving the victimized company as above, received KRW 55 million from the victimized company as the borrowed money.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A business closure certificate, request for personal credit information inquiry, or certified transcript of register;

1. Details of entry and withdrawal transactions, and the application of Acts and subordinate statutes governing the certificates of commitment;

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

1. In full view of all the conditions of sentencing, including the methods of deception of the reasons for sentencing selective sentencing of punishment, the amount of deception, the age and environment of the defendant, and the circumstances after the crime, the punishment against the defendant shall be determined as the disposition;

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