(영문) 울산지방법원 2015.04.02 2015고단174

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(영문) 울산지방법원 2015.04.02 2015고단174

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 29, 2011, the Defendant was sentenced to ten months of imprisonment for fraud at the Ulsan District Court, which became final and conclusive on August 6, 201, and was provisionally released on November 23, 2011 during the execution of the sentence in the Ulsan Detention House, and the parole period was terminated on February 1, 2012.

1. On July 2014, the Defendant: (a) made a false call to the victim C, an elementary school, a dong-gu, who was in the middle school in Ulsan Metropolitan City, from the end of July 2014; and (b) made a false call to the said victim C, who was in the middle school, to appoint an attorney-at-law in charge of divorce; (c) KRW 3 million is required; and (d) KRW 3 million is transferred to the head of a Tong within

However, the defendant did not have the intention or ability to appoint a lawyer for the divorce of the victim.

As such, the Defendant, by deceiving the victim, received 3 million won in total from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day as the attorney-at-law fee, and received 11,370,000 won in total five times from around that time to October 10 of the same year, as shown in the annexed Crime List (1).

2. Around August 1, 2014, the Defendant made a false statement that “The Defendant would have to pay money as a company day. The Defendant would have to pay money to the Defendant after the month when he/she borrowed money.”

However, there was no intention or ability to pay money after one month, even if the defendant borrowed money from the victim because the defendant did not have certain income and did not have any property collected.

As such, the Defendant, by deceiving the victim, received KRW 1.5 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, and received a total of KRW 5 million from around that time to October 10 of the same year, as shown in the attached crime inundation (2) from around October of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of financial transactions;

1. A previous conviction in judgment:

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