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(영문) 인천지방법원 2019.10.16 2019고단2683

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 2012, the Defendant made a false statement to the victim B, who had a relationship of interest with the victim C at the time of his game for the first time on February 2012, 201, that “it is necessary to operate home business. It is necessary to borrow from the credit card company to B. It is possible to pay the credit card payment upon the credit card’s claim.”

However, the defendant did not have any particular property and did not have any intent or ability to repay money even if he borrowed money from the victim because his property status is not good, such as the defendant did not have any property, and the financial right obligation is 13 million won.

Nevertheless, around February 21, 2012, the Defendant, by deceiving the victim as above, received money from the victim to the D account under the name of the Defendant and acquired money from the victim.

2. On December 15, 201, the defrauded Party E made a false statement to the victim of the Defendant’s friendly appearance of the Defendant’s punishment in front of the Michuhol-gu Incheon City, Incheon, stating that “The money is insufficient to conduct the internal clothing business. If the Defendant borrowed KRW 30 million, the Defendant will pay KRW 35 million including interest.”

However, in fact, the defendant tried to use the money borrowed from the victim for an illegal money exchange business with a clear profits, and there was no intention or ability to repay the money even if it borrowed money from the victim due to the lack of any specific property and the lack of property status such as the payment of financial rights in the amount of KRW 13 million.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) around December 15, 201, around 7 million won from the victim; (c) around December 16, 201, around 8 million won; (d) around December 19, 201, around 4.7 million won; (b) around February 20, 201, KRW 2 million; (c) around February 27, 2012, KRW 200,000; (d) around February 28, 2012, KRW 3 million; and (e) around March 1, 2012, around March 29, 2012; and (e) by taking over the total amount of KRW 2 million from the Defendant’s D account under the name of the Defendant as well as KRW 30 million,700,000,000 from March 29, 2012.

3. The Defendant against the victim G is in front of Michuhol-gu Incheon, on March 11, 2013.