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(영문) 인천지방법원 2017.11.24 2017고단2593

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who was under the influence of the defendant.

1. On May 17, 2013, the criminal defendant against the victim C would be able to pay the victim C interest on the following three-months: (a) in the case of mutual influence near the E wedding hall located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul.

“ .............”

However, while the Defendant did not have certain income or assets at the time, the Defendant did not have any intent or ability to repay the borrowed money as agreed to by the victim because he/she was willing to use the borrowed money for personal debt repayment or living expenses from the victim.

On May 17, 2013, the Defendant: (a) by deceiving the victim; (b) received 4.95 million won from the victim to the Agricultural Cooperative Account (G) in F’s name from the victim; and (c) received 4.9 billion won in total from around that time to February 19, 2015 from around that time and received 4.6 billion won in total from around 19,7277 to the said Agricultural Cooperative Account, such as the previous list of crimes (1).

2. Fraud against victim H;

A. Around December 12, 2013, the Defendant made a statement to the effect that “Around December 12, 2013, the Defendant used the victim H to lend money to the victim H for repayment to the beginning file of April each year.”

However, the defendant did not have the intention or ability to repay the money even if he borrowed money from the injured party under the circumstances described in paragraph 1 at the time.

As such, the Defendant, by deceiving the victim, received KRW 3 million from the damaged party to the said Agricultural Cooperative account in F’s name on December 12, 2013, and received KRW 51,70,000 from around that time to January 26, 2015, by remitting KRW 20,000,000 to the said Agricultural Cooperative account as shown in the attached Table of Crimes (2) from around that time to around January 26, 2015.

B. On March 20, 2014, the Defendant was organized by a person who was victimized by an illegal land in Incheon or lower level.