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(영문) 인천지방법원 2017.01.20 2016고단1641

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 8, 2014, the Defendant and the victim’s related Defendant run an authorized broker office in the name of the “F Authorized Broker” in Nam-gu Incheon Metropolitan City, and around July 8, 2014, the victim D obtained collateral loans under the name of the victim and subsequently purchased and disposed of them. In return, the Defendant and the victim paid KRW 5 million to the victim. Accordingly, around July 31, 2014, the Defendant completed the registration of the establishment of a collateral security right and the registration of the transfer of ownership in the name of the victim.

2. Crimes by defendants;

A. On July 18, 2014, the Defendant stated that “Around July 18, 2014, the Defendant would provide the victim with a three-month interest if he/she lends KRW 50 million to B, and would be repaid at a prompt time.”

However, the Defendant had no intention or ability to repay, even if he/she borrowed money from the injured party due to the circumstances such as having failed to repay the principal and having difficulty in paying more than 2 million won per month.

The Defendant received 5 million won from the injured party as the borrowed money in the same place.

B. On September 8, 2014, the Defendant stated that “The Defendant would pay KRW 10,000,000 monthly interest to the victim, if it is short of money in order to obtain an auction,” and that “the Defendant would pay KRW 10,000,000,000 to the victim at a prompt time.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

The Defendant received from the injured party one million won as the borrowed money in the same place.

(c)

On February 17, 2015, the Defendant stated that “If the Defendant borrowed KRW 2 million without interest to the victim, this money will be repaid until May 15, 2015.”

However, the defendant money from the injured party.