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(영문) 인천지방법원 2016.07.22 2016고단3682

사기

Text

A defendant shall be punished by imprisonment for six 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

Punishment of the crime

1. On January 8, 2013, the Defendant committed fraud: (a) was in de facto marital relationship with the Defendant at a place no longer than a time in Japan, around January 8, 2013; or (b) was in de facto marital relationship with the Defendant.

It is necessary to issue the value of the goods to the victim C through "the factory is operated, and the goods are given."

The cash conference is known, but it will pay 10 million won after the borrowing of the loan.

“False speech” was made.

However, in fact, the Defendant did not have any intent or ability to repay money from the injured party due to the difficulties in financial situation even though he received a subsidy of the amount equivalent to KRW 60 million from his parents, as a staff member of the closing factory, in order to purchase the paper personally and sell it to the customer.

Defendant deceiving the victim as above and transferred KRW 10 million to a new bank account under B’s name on the same day by the victim.

2. The Defendant committed fraud on February 5, 2013: (a) around February 5, 2013, at a place that was in a de facto marital relationship with the Defendant at a time no more than twice a mountain city around February 5, 2013;

B through the "A bill issued by the factory operation relationship" can be paid to the victim C if only the bill is closed, and the amount of the transfer loan can be fully repaid.

“False speech” was made.

However, in fact, the Defendant did not have any intent or ability to repay money from the injured party due to the difficulties in financial situation even though he received a subsidy of the amount equivalent to KRW 60 million from his parents, as a staff member of the closing factory, in order to purchase the paper personally and sell it to the customer.

Defendant deceiving the victim as above and transferred KRW 10 million to a new bank account under B’s name on the same day by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to details of transactions, borrowed certificates, and statement of deposit transactions;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment