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(영문) 인천지방법원 부천지원 2019.01.31 2018고단1774

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On August 14, 2008, the Defendant was sentenced to the suspension of the execution on June 11, 2009 to two years and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Busan District Court's Branch Branch Branch.

【Criminal Facts】

On September 12, 2008, at the residence of the defendant Kimpo-si B apartment C, the defendant, at the time of Kimpo-si, Kimpo-si, Kimpo-si on September 12, 2008, prepared a false statement that "I would open an electronic equipment agency at the time of the Gyeonggi High-si, and would pay 7.5 million won in advance if the down payment is short, I will pay 50 million won in advance and pay the principal after one week." The defendant provided one promissory note as security to the victim, which was issued by the Co., Ltd. F, and issued on September 8, 2008 and December 8, 2008.

However, in fact, the Defendant did not have any particular property or income as credit bad at the time, and the amount of debt reaches KRW 70 million or KRW 800 million, and was planned to use the above borrowed money as a down payment to repay his personal debt without using it as a down payment for the infants. Since the above promissory note was known that the date of the payment is the date of the payment, there was no intention or ability to repay the money even if it was borrowed from

Nevertheless, the Defendant, by deceiving the victim as above, was delivered KRW 42,50,000 after deducting KRW 7,500,000 from the prior interest of KRW 50,000,00 from the victim’s loan at the same place on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Investigation report, investigation report, and investigation report (with respect to the issuance of gold source);

1. Promissory notes, certificates of borrowing, copies of promissory notes, certificates of guarantee, business registration, etc., copies of defaulted promissory notes, certificates of the Defendant’s H registration, and credit information inquiry;

1. Previous records of judgment: Investigation report (verification of concurrent crimes, etc. under the latter part of Article 37 of the Criminal Act), judgment, criminal records, etc.;