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(영문) 인천지방법원 2018.05.16 2018고단767

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around June 11, 201, the Defendant subscribed to 14 former 14 units in total (14 units in total) for five successful bidders organized by the victim E (21 units in total and 30 million won in total each month) from the time when he/she subscribed to the five successful bidders organized by the victim from March 30, 201 to March 30, 201.

However, in fact, the Defendant did not have any particular property at the time, and was in the name of a cohabitant F, who died at around 2015, and the monthly income was merely 6 million won, and did not have any credit standing, and as such, the Defendant was planning to pay the remainder of the successful bid amount (in the form of a one-time return) with the money first received from among the successful bid holders who joined several previous districts, there was no intention or ability to pay the remainder of the advance payment after receiving the advance payment by the fraternity members from the fraternity members by the sequences, and there was no intention or ability to pay the remainder normally until the successful bid is completed.

Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim from July 10, 201, received total amount of KRW 9,064,00 from the victim to August 12, 201, the sum of KRW 45,5350,000 from August 10, 201 to December 12, 201 of the same month, including the sum of KRW 4,529,000,00 from August 10, 201, to the 21st unit of the successful bid bid (No. 1 of the attached crime List No. 1) in the Defendant’s G account in the name of G from that time to January 3, 2013, and acquired KRW 14,970,00 in total, as stated in the attached list of crimes.

2. On December 12, 201, the Defendant: (a) around December 12, 201, borrowed money to the victim on the 10th day of each month on which “20 million won is lent to the victim.”