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(영문) 인천지방법원 2013.12.12 2013고단6508

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court on July 4, 2013, and the above judgment was finalized on July 4, 2013. On September 10, 2013, the Incheon District Court sentenced two years of suspension of the execution of imprisonment with prison labor for six months for fraud at the Incheon District Court on September 18, 2013.

1. Around November 29, 2011, the criminal defendant against the victim C said that “A victim operates a web-site producer, which requires business funds. If a victim borrowed KRW 7.5 million under the name of the victim with a loan of KRW 7.5 million, the defendant would give priority to KRW 700,000,000,000 as an allowance, and pay the principal and interest interest in KRW 7.5 million after two weeks.”

However, at the time, the Defendant did not have any particular profits from the manufacturer, and the obligation exceeds 100 million won, so even if he borrowed the above money from the victim, the Defendant did not have any intent or ability to pay it to the victim.

Around November 29, 2011, the Defendant, by deceiving the victim, received 6.8 million won out of 7.5 million won borrowed from Solomon Savings in the name of the victim and acquired it by deceiving the victim.

2. Around December 12, 2012, the Defendant against the victim E concluded that “A victim would receive the payment from the customer in operating the web-site production company” from the victim E at the victim’s residence (F 1, 401, Gyeonggi-si Kimpo-si, Kimpo-si, Kimpo-si, Kim Jong-si, and 401. It was false that the victim could arbitrarily withdraw the victim’s resident registration certificate, a copy of passbook, etc.

However, in fact, the defendant did not intend to receive the payment from the victim's account, but did not intend to use the documents received from the victim for the loan, and there was no intention or ability to repay the loan because he intended to use the loan in repayment of debts exceeding KRW 100 million under the victim's name.

The defendant.