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(영문) 인천지방법원 부천지원 2018.04.26 2017고단2796

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be liable for compensation of KRW 25,00,000,000, which shall be obtained by deception to the applicant C.

Reasons

Punishment of the crime

1. On October 24, 2016, the Defendant stated that “The Defendant would settle the apartment if the mother’s apartment is scheduled to be seized and auctioned, and will repay the apartment by the end of November 2016 after receiving a loan as security,” from the victim C, a business owner, in accordance with the standards of H located in Seocheon-si G around 2016.

However, at the time, the defendant did not have any intention or ability to repay the borrowed money from the victim because he/she had to pay the money to I, including KRW 50,000,000,000, and he/she thought that he/she has borrowed money from the victim to pay his/her debt, living expenses, etc.

Nevertheless, the defendant deceivings the victim as above and transferred 30 million won to the defendant's agricultural bank account on the same day from the victim.

2. On November 24, 2016, the Defendant: (a) at the same place around November 24, 2016, “In order to repay a loan to C, the Defendant shall obtain a loan as security by the mother’s apartment; and (b) intending to accept a loan by changing ownership under the name of the mother’s name and not a loan

However, there is no money to register the transfer of ownership in the name of misplacer.

On December 12, 2016, a false statement was made that a person would repay money until December 12, 2016.

However, at the time, the Defendant did not have any intent or ability to make timely repayment of the borrowed money to the victim because the Defendant was able to borrow money from the damaged person due to economic difficulties as above.

Nevertheless, the Defendant, as seen above, received KRW 11.8 million in total, including KRW 5 million from the victim, KRW 5 million around November 29, 2016, KRW 5 million around November 30, 2016, and KRW 1.8 million around November 30, 2016, from the victim to the agricultural bank account of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer with respect to C and D.