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(영문) 인천지방법원 2014.06.23 2013고단636

사기

Text

A defendant shall be punished by imprisonment for four years.

The defendant pays 110,000,000 won to an applicant for compensation.

The above order shall be.

Reasons

Punishment of the crime

[2013 Height636]

1. On November 2007, the Defendant against the victim B was a person who worked as vice president at the Hague-P, "D" located in Gangnam-gu Seoul, Seoul, and the victim B was an employee who worked as merck job at the Hague-P, and the victim B was an employee at the said Hague-P.

On August 30, 2010, the Defendant made a false statement to the victim’s house of Songpa-gu Seoul E Apartment 102 Dong 104 on August 30, 2010 that “If the son lends money to operate the same distribution business, he would sell the goods with the money and pay a high interest with the remaining profits.”

However, in fact, the defendant had no other property other than the passenger car with a high interest rate of KRW 30 million at the time, and there was a situation in which the defendant promised to borrow money from others to return excessive debts, and thus, he was intended to use it for repayment of debts to others, and there was no intention to actually make an investment in distribution business, etc., and even if the defendant received money from the victim, he did not have the intent to pay high interest rate even if he did not have the ability to pay the money.

The Defendant received from the victim the sum of KRW 30 million on August 30, 2010, KRW 30 million on November 19, 2010, KRW 40 million on December 20, 2010, KRW 110 million on January 14, 201, and KRW 10 million on his own account (F).

Accordingly, the defendant acquired property by deceiving the victim.

2. On January 201, 201, at a place where it is impossible to know the place where a police officer could not know the victim G, the Defendant made a false statement to the victim G, who is an employee of the Hague Partnership, “D”, stating that “I will use only 10 million won if I want to pay the money. I will accept money at the end of three days after the third day.”

However, the Defendant, at the time, did not have any other property except for a passenger car with a maximum of KRW 30 million, market price of KRW 13 million, and borrowed money from others in return for the promise of interest at a high rate of interest.