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(영문) 울산지방법원 2016.10.18 2016고단2481
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 53,300,000 won to the applicant for compensation by fraud.

Reasons

Punishment of the crime

Around 12:30 on July 28, 2010, the Defendant stated that “A community credit cooperative in Ulsan-gu defense Dong-dong, Ulsan-gu, would lend money to his or her husband and wife with KRW 3 million as it is necessary to pay money.”

However, the Defendant, at the time, was liable for the Defendant’s loans to Hyundai Capital amounting to KRW 20 million and KRW 15 million personal debts, but did not own property under his/her own name. On the other hand, the Defendant did not have any property owned in his/her own name. On the other hand, most of the money borrowed from the money borrowed from the money borrowed from the money borrowed from the money borrowed from the money borrowed from the money borrowed from the money borrowed from the victim to the gambling. As such, the Defendant did not have any intent or ability to repay the said money even if he/she borrowed the money from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the new bank account in the name of D, and from that time, received KRW 53,300,000 in total by deceiving the victim five times in total from December 2010, as shown in the list of crimes in the attached Table, from that time to December 2010.

around October 18, 2010, the Defendant made a false statement to the effect that “Around October 18, 2010, the Defendant borrowed KRW 10 million and paid KRW 500,000,000 in advance from the day on which he/she paid each month to the victim F of the victim F in Ulsan-gu, Ulsan-gu, Seoul-gu, with no cost of living.”

However, the Defendant, at the time, was liable for the Defendant’s loans to Hyundai Capital amounting to KRW 20 million and KRW 15 million personal debts, but did not own property under his/her own name. On the other hand, the Defendant was making up for most of the money and the money borrowed from her own name in the gambling “Adok,” referring to two to three times a week, so even if he/she borrowed money from the victim, the Defendant did not have any intent or ability to repay it, and did not think at the same time.

The defendant deceivings the victim as above and is deceiving him.

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