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(영문) 인천지방법원 부천지원 2019.06.21 2019고단326

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

At around 14:00 on April 16, 2018, the Defendant made a false statement to the victim E, who operates D, to repay the amount including 10% of the amount of the subrogated debt, to the victim E, instead of the amount of 86,374,075 won of the loans to his/her various financial rights, within one month in the first financial right, by again performing the loan from the first financial right and then repaying it to the victim at the time of loan execution.

However, in fact, around February 2018, the Defendant saw her froce who was able to make a profit by investing in the Fcoin from the company's bonus, and thought that the Defendant would make a profit by making an investment in the above fcoin. The Defendant had the victim her money by concealing such investment plan and let the victim make a substitute payment for her existing loan obligations, and the Defendant thought that the profitability by receiving a loan from the first financial right was uncertain, and there was no intention or ability to make a reimbursement for the subrogated payment to the victim immediately after the loan was executed as stated in the above consent.

On April 26, 2018, the Defendant: (a) by deceiving the victim as such; (b) had the victim transfer KRW 10,175,808 from the G Bank account (H); (c) L Bank loans of KRW 12,845,960 to the J Bank account (K); (d) 10,000,345, N Bank loans of KRW 11,203,766 to the J Bank account (O); and (e) Q Bank loans of KRW 9,058,60 to the G Bank account in Q Bank account in the name of the Defendant; and (e) had the victim transfer KRW 8,030,276 and KRW 25,059,320 to the G Bank account in the name of the Defendant; and (e) obtained additional loans of KRW 86,374,075 to the K Bank account in the aggregate and received financial profits from the victim; and (e) received additional loans from the victim’s account in the name of KRW 25265.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Answer to a request for cooperation in investigation;

1. Details of liquidity transactions, specifications of transactions by account, written consent, and details of withdrawal transactions;