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(영문) 울산지방법원 2016.08.24 2016고단1065
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant served as an insurance designer on February 2014, and became aware of the victim C, and sent the victim with an internal relationship from April 2014 to December 2014.

On July 2014, 2014, the Defendant: (a) was the victim in Ulsan-gu, Ulsan-gu, Seoul-do, where the victim was employed in the department store store before the shop was located; (b) there was a problem in the department store E.

Hadar.

In order to operate a clothing store, it refers to a loan of KRW 20 million to operate a clothing store, which shall be paid with fees, while operating the clothing store. On July 29, 2014, it shall be sent back to the victim with phone calls from the victim on and around July 29, 2014.

G. The phrase “assumed.”

However, there was no clear occupation or fixed income after the Defendant left an insurance designer around June 2014, and even if the Defendant received money from the injured party due to the obligation borne by the former husband under the name of the Defendant, the Defendant was a plan to use the money for the repayment of the existing obligation, monthly income, living expenses, insurance premiums, etc., and did not have the intent or ability to repay the borrowed money to the injured party by operating the clothing store.

Around July 29, 2014, the Defendant received KRW 20 million from the damaged party to the Agricultural Cooperative Account (G) in the name of the Defendant’s child from the damaged party, as the loan deposit, and received KRW 4,385,00,000 from June 30, 2014 to December 30, 2014, by deceiving the injured party as stated in the list of crimes in the attached Table, and received KRW 4,385,00 from the damaged party on seven occasions as the loan deposit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to C (the net 17C statement part);

1. A criminal investigation report (three times a year);

1. Details of deposit transactions (the application of Acts and subordinate statutes 8,12) at a net time;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the victim shall be the victim).

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