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(영문) 울산지방법원 2015.12.10 2015고단2817
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 8, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court, and is currently pending in the appellate trial.

On December 14, 2012, the Defendant stated that “The Defendant paid 3% interest per month by investing in a stable company, and the principal may be recovered at any time, and the principal shall be guaranteed and invested.”

However, in fact, the Defendant was paying the Defendant’s personal debt interest, etc. by lending money to another person in the form of a “defluence” in excess of the obligation at the time, and there was no particular revenue or property, and even if receiving money from the victim as investment money, it was thought that it would have been used for personal debt repayment, etc., and thus, there was no intention or ability to pay the interest or return the principal by investing in a stable company

Nevertheless, as above, the Defendant, by deceiving the victim, received 152,410,000 won from the victim through the agricultural bank account in the name of the Defendant on the same day from the victim and acquired it through the money as an investment, and then acquired 152,410,000 won in total from around that time to February 4, 2014, such as the list of crimes in attached Form 18 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Statement of transactions (15 million won in a national bank), notarial deeds under a monetary loan contract, the complainant's statement of transactions (national bank and Gyeongnam bank), passbook receipt (10 million won in a passbook), recording book, each recording book, the screen-fakaox and the statement of repayment of damage amount;

1. Each investigation report, suspect agricultural bank account, each FF agricultural bank account, and F Post Office account;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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