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(영문) 인천지방법원 2018.05.10 2017고단5703

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 20, 2015, the Defendant came to know through the introduction of the victim D who operated C (State), a food distribution company, a daily health product and food distribution company, through B, around October 20, 2015.

1. On October 24, 2015, the Defendant, at the office of the victim of building F of the building E of Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sung-gu, 2015, “The Defendant operates a food company together with his/her friendship, manufactures and distributes marinas. The Defendant may receive profits from the Defendant’s use of a DNA, including several items with his/her inside.

The lending of money is required to pay the manufacturing cost, the purchase cost of additional equipment, and the payment of tight wages. The lending of money will be repaid by February 20, 2016 at the latest.

“.....”

However, in fact, the Defendant did not have any intent or ability to repay the debt in time, even if he borrowed money from the injured party under the above pretext, since it was difficult to cope with the interest amounting to approximately KRW 180,000,000.

In addition, most of the borrowed money from one victim had the intention to use it for the defendant's debt repayment, living expenses, etc. regardless of the manufacture of marina.

Nevertheless, the Defendant, as such, by deceiving the victim, was delivered to the Defendant’s mother of G H bank account amounting to KRW 10 million on October 24, 2015, and KRW 10 million on October 28, 2015, as the mother of G H bank account.

2. On November 2015, the Defendant stated that “The Defendant loaned KRW 4 million as it is necessary to complete the construction work, which is being performed, to the victim’s office, at the early stage of the Defendant’s office (jun) to lend the victim KRW 4 million, since there is a need to complete the construction work.”

However, in fact, the defendant thought that he would use the money borrowed from the injured party for living expenses, etc., and there was no intention or ability to repay the money one week after the above circumstances such as Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim, received delivery of KRW 4 million on November 6, 2015 from the victim, to the H bank account in the said G name.

Summary of Evidence

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