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(영문) 울산지방법원 2016.08.23 2016고단928
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 17, 2013, the Defendant: (a) lent KRW 30 million interest to the victim at a restaurant operated by the victim D in Ulsan-gun, Ulsan-gun, Ulsan-gun on June 17, 2013; (b) while paying the principal to the victim twice a month, the Defendant will pay the principal.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no property at the time and had no income at all, and there was no intention and ability to repay the principal and interest promised even if he/she borrowed money from the injured party, because he/she had received a successful bid in advance by paying a low amount after being admitted to several successful bidders, and paid the fraternity money received from another successful bidder as a refund.

The Defendant received from the injured party a total of KRW 30 million in the face of the KRW 10 million check from the injured party and received KRW 70 million in total from the injured party by deceiving the injured party four times from around that time to November 28, 2014 in the following manner.

Accordingly, the defendant was given property by deceiving the victim.

2. On January 25, 2014, the Defendant: (a) at the above restaurant around January 25, 2014, the Defendant changed the joint and several sureties for the payment of the fraternity deposit to the said victim. The Defendant would normally pay the fraternity deposit money.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no property at the time and had no income, and there was no intention and ability to pay the fraternity normally because the Defendant had received a successful bid in advance by paying a low amount after being admitted to several successful bidders, and paid the fraternity with the fraternity received from another successful bidder.

The defendant shall have the victim stand a joint and several surety for the successful bid of KRW 40 million in the same day on the same day. The defendant shall pay a total of KRW 40 million in the successful bid.

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