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(영문) 인천지방법원 2014.01.06 2012고단11548

사기

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment became final.

Reasons

Punishment of the crime

[2012 Highest 11548] Defendant A is the children of the networkF, and victim G is the elementary school of the above F.

Defendant

On June 201, A made a false statement to the effect that “The father F’s friendly job offering victim of his father F is a general number plate, not a “welve” but a “welve” in the Nam-gu, Incheon. In making an investment, A made a false statement to the effect that “I will pay 3% of the profits of the 3% of the month and will pay the loan interest in lieu of the loan interest in financial rights.”

However, the fact is that a rental car business cannot be operated with a general vehicle license plate that is not the “permission”, and since there was no particular property in the Defendant’s name in excess of the debt amounting to KRW 50 million at the time, there was no specific property in the Defendant’s name, even if the said rental car business was made by the victim, there was no intention or ability to pay the investment profit to the victim by normally

Nevertheless, the Defendant deceiving the victim and then was transferred from the victim the amount of KRW 94.9 million to the corporate bank account in the name of H used by the Defendant on July 1, 201; KRW 43.16 million to the above account on July 7, 2011; KRW 42 million to the agricultural bank account actually used by the Defendant on August 18, 201; KRW 20 million to the above account on August 23, 2011; KRW 5 million to the new bank account used by the Defendant on August 30, 201; KRW 50 million to the new bank account used by the Defendant on September 21, 201; KRW 50 million to the above account on September 21, 2011; and KRW 250,506 million to the total six times.

[2013 Highest 102]

1. On April 2012, Defendant A used the said car as security at the victim J’s residence located in Ansan-gu, Mayang-si, Mayang-si, and used the said car to borrow the said car from the victim’s seat while holding it for the victim. On April 2012, Defendant A used the said car to borrow five million won from M at the Incheon Southern-gu, Incheon Metropolitan City L apartment parking lot, and embezzled it by offering it as security.

2. Defendant A around July 25, 2012, at the victim’s residence as described in paragraph (1) around July 25, 201, offered as security.