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(영문) 울산지방법원 2018.07.11 2018고정585
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Procedure for the crime] Since the Defendant was aware of the victim D while operating the C in Yangsan-si, he borrowed money several times on condition of interest rate for the number of days of high interest from the injured party.

At the time of this case, the Defendant was responsible for the payment of interest on the money borrowed from other credit service providers, and the Defendant was resolving the obligation by preventing a prompt return of the term, such as using the money borrowed from the victim for repayment of other debts, living expenses, etc.

[Criminal facts]

1. On May 13, 2017, the Defendant made a false statement to the effect that “Around May 13, 2017, the Defendant borrowed money to the effect that “The Defendant would lend money to the Defendant in return for the extension of the time limit” to the victim.

However, the above facts were in an economically difficult situation, and even if the Defendant joined, the limit of 10,00 won was too much, and the payment was suspended due to the shortage of funds, so eventually there was no intention or ability to repay the money to the victim as agreed.

As such, the Defendant, by deceiving the victim, was given KRW 2.7 million on the same day under the pretext of borrowing money from the victim.

2. On June 1, 2017, the Defendant made a false statement to the effect that “Around June 1, 2017, the Defendant borrowed money to the effect that “The Defendant borrowed money from the Defendant to the Plaintiff with the payment of the time limit deposit to the Plaintiff.”

However, the above facts were in an economically difficult situation, and even if the Defendant joined, the limit of 10,00 won was too much, and the payment was suspended due to the shortage of funds, so eventually there was no intention or ability to repay the money to the victim as agreed.

The Defendant, as such, by deceiving the victim, received KRW 2,540,00 from the injured party on the same day as the borrowed money.

3. Around June 7, 2017, the Defendant borrowed money from the Defendant, on June 7, 2017, to pay the victim a full payment on behalf of the Plaintiff at a grace point.

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