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(영문) 인천지방법원 2018.12.21 2018고단7107

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 April 22, 2016, the Defendant would sell part of the quantity of native products to the victim D’s representative E, a preferential credit, and settle the price within two months from the date of the supply of part of the quantity of native products to E at the store located in the Si of Mapo City (hereinafter referred to as Mapo City).

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant did not have any intent or ability to pay the price, even if he received the amount from the injured party, because the Defendant was scheduled to repay the credit card or use it for the cost of living.

Nevertheless, on April 22, 2016, the Defendant: (a) by deceiving the victim as above; (b) received an amount equivalent to KRW 1,311,000 from the victim of the damage; and (c) around May 31, 2016, the amount equivalent to KRW 644,00 of the same kind of orientation around the same day.

Accordingly, the defendant, by deceiving the victim, obtained a total sum of KRW 1,955,00 and acquired it by supply.

2. On May 12, 2016, the Defendant, at the coffee shop located in the members of Ansan-si (hereinafter referred to as the “Gu”) on May 12, 2016, may bring high profits to the victims listed in paragraph 1, if he purchases and sells cosmetics in large quantity, and the funds are insufficient.

The interest on the loan of money shall be paid at 20% per month, and the principal shall be repaid within six months.

“False speech was made to the effect that it was “.”

However, the Defendant did not have the intent or ability to repay the borrowed money to the victim because the Defendant was scheduled to repay the credit card or use the borrowed money for the cost of living.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 6,000,000 from the victim on May 12, 2016; and (c) KRW 10,000,000 from the victim on June 24, 2016, respectively.

Accordingly, the defendant deceivings the victim and 16,000,000 won in total.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with regard to F;

1. A complaint filed by D Co., Ltd.;

1. Loans;