(영문) 울산지방법원 2017.04.20 2017고단135

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(영문) 울산지방법원 2017.04.20 2017고단135

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On April 24, 2014, the victim C-related Defendant calls the victim C at an influence area below Ulsan on April 24, 2014, and “The victim C-related Defendant requires an Afluence surgery cost.”

A false statement was made to the effect that the loan was received under the name of the victim and the loan was changed to the name of the loan three months after the loan was lent, and the loan shall be paid in full.

However, it was not true that there was no need for operating expenses, such as Defendant-friendly children, etc., and even if the loan was borrowed under the name of the victim, there was no intention or ability to change the name of the loan or to repay the loan.

Accordingly, the Defendant, by deceiving the victim as above, transferred KRW 39,497,50 on the same day to the Agricultural Cooperative Account under the name of the Defendant, and KRW 53,797,500 on April 14, 2014, and KRW 53,797,500 on the same day.

2. On January 11, 2016, the victim D-related defendant suffered from the victim through E, which is the wife of the victim D, the victim’s wife.

A false statement was made to the effect that the loan was received under the name of the victim, and the loan was changed to the name of the loan three months after the loan was lent, and the loan will be repaid.

However, it was not true that the defendant's house was in excess of auction, and even if the loan was borrowed under the name of the victim, there was no intention or ability to change the name of the loan or to repay the loan.

Accordingly, the Defendant, by deceiving the victim as above, was transferred KRW 26,00,000 to the Agricultural Cooperative Account of the said Defendant on the same day from the victim.

3. On March 16, 2016, the victim E-related Defendant shall make a telephone to the victim E and pay the money to the victim E by having the victim become aware of the fact that he/she got married by another relative and that he/she borrowed money to him/her.

The loan shall be granted in the name of the victim and the loan shall be lent three months after the loan.

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