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(영문) 인천지방법원 2018.10.10 2018고단2582

사기등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months, and a fine of two million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. "2018 Highest 2582";

A. On March 3, 2017, the Defendant, by deceptioning KRW 20 million, has a lot of interest on “D lending KRW 20 million to the victim C that he/she became aware of through the scam located in Gyeyang-gu Incheon Gyeyang-gu, Incheon.

If a person lends KRW 20 million, he/she first borrowed the money to D with the said money, and the Corporation’s completion at the end of March 2017, stating that he/she would return the money with interest at that time.

Although the defendant was taking over the dredging vessel sunken at the sea in front of the Incheon Songdo at the time, there was no intention or ability to repay the money borrowed to the victim by selling the scrap metal generated from the dredging vessel at the work site on November 1, 2016 due to the shortage of funds and the death, etc., which occurred at the work site on November 11, 2016.

Nevertheless, the Defendant, by deceiving the victim, received from the victim the transfer of KRW 20 million to the IBK Enterprise Bank account in the name of E, the Defendant’s wife.

B. The Defendant, on March 27, 2017, by defraudation of KRW 70 million, shall be the second floor of the building F in Gyeyang-gu Incheon, Gyeyang-gu, and “G has a 100 million loan of KRW 100 million” to the victim, and G may be immediately used and shall be fully repaid.

G The payment was to be made immediately after the receipt of the repayment, and the loan was to be made 3 and 4 days after the loan.

However, in fact, the Defendant thought that he would have been able to repay his debt to H with the money borrowed from the injured party, and the victim did not immediately lend his debt to G that he knew to the person with the ability to repay his debt and immediately lend his debt to the same person in writing. Therefore, the Defendant did not have any ability to repay his money to the injured party for 30 days and 4 days.

Nevertheless, the Defendant deceivings the victim as such, and thereby, from the victim, the amount of KRW 70 million to the IBK Enterprise Bank Account under the above E name.