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(영문) 울산지방법원 2016.11.02 2016고단2096
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 2014, the Defendant made a false statement to the victim E, “On the part of the D week located in Ulsan-gu, Ulsan-gu, that “The Defendant shall pay the F’s total amount of investment and pay 500,000 won per month to the victim E with excessive investment profits, and with considerable interference in the business. If the Defendant borrowed 30,000,000 won, the Defendant shall pay 50,000 won per month, and the principal shall be repaid without any mold within one year.”

However, while the defendant has already been liable to pay 100 million won or more at the time, the defendant had no intention or ability to pay the money even if he has already borrowed money from the victim due to the continued enemy.

Nevertheless, the Defendant, by deceiving the victim as above, and deceiving it from the victim as the loan money, shall be KRW 15 million around June 30, 2014, and the same year.

7.1. Around January, 200, KRW 15 million was delivered to the Agricultural Cooperative G account under the name of the Defendant.

2. Around August 20, 2014, the Defendant made a false statement to the above victim “I coffee shop located in Ulsan-gu, Ulsan-gu, that the Defendant would purchase goods on one’s own, and if the Defendant additionally borrowed KRW 30 million, the sum of the previous borrowed money to the three months will be repaid without the mold.”

However, the defendant did not have any intention or ability to pay the above amount even if he borrowed the money from the above victim due to the circumstances such as the preceding paragraph.

Nevertheless, the Defendant, by deceiving the victim as above, was delivered KRW 20 million on the same day as the loan money from the victim, and KRW 10 million on the 21st day of the same month to the said agricultural bank account under the name of the Defendant.

Summary of Evidence

1. The Defendant’s partial statement in the court - The Defendant denies the instant facts charged - When considering the economic situation of the Defendant at the time of each loan, including the result of the duly admitted examination of the victim E, and various circumstances, including the use of each loan.

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