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(영문) 울산지방법원 2014.04.04 2013고단4034
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant knew that the financial situation of the C&C corporation operated by the victim B is difficult, and committed the completion as if the defendant had property of 30 billion won in a foreign country, and had deceiving the defendant as if he lent 30 billion won to the victim, and had the victim acquired money from the victim.

1. On September 23, 2012, the Defendant, at around 20:00 on September 23, 2012, concluded that “Around September 2012, 2012, the Defendant made a false statement to the victim at C’s office operated by the victim on the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government, that “The Defendant would have to lend KRW 30 billion overseas to the victim.”

However, in fact, the Defendant did not have 30 billion won overseas, and the Defendant was a worker with no certain occupation and was a person with bad credit standing who has a debt amounting to 20 million won, so even if he was paid expenses from the victim, he did not have any intention or ability to lend 30 billion won.

Accordingly, the Defendant, by deceiving the victim, was issued KRW 120 million to the cashier’s checks as a security name for the borrowed money of KRW 30 billion in the same place from the victim.

2. On September 25, 2012, at around 14:00 on September 25, 2012, the Defendant made a false statement to the effect that “In order to bring into Korea the Republic of Korea the amount of KRW 30 billion in the Switzerland, the Defendant would directly go to the Switzerland, and the Defendant would need to pay the flight fee and the cost of staying in the Switzerland, which would be KRW 9 million.”

However, since the defendant did not have 30 billion won overseas at the time, there was no intention to depart from Korea even if he received flight fees, etc. from the victim, and there was no intention or ability to lend 30 billion won to the victim.

As a result, the defendant deceivings the victim, and received 9 million won from the victim, under the name of the flight fee, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The Act and subordinate statutes governing the statement by the police of H.

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