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(영문) 인천지방법원 2019.05.03 2018고단7252

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

1. The Defendant, around September 2012, at the C office of the Defendant’s operation of Gyeyang-gu Incheon Gyeyang-gu, the Defendant, even if having borrowed money from the victim D, the fact, stating, “The Defendant, even though having no intent or ability to fully repay the money, he/she would pay the money including interest within a number of days if he/she borrowed the money to develop the game-related software.” The Defendant received the amount of KRW 10 million from the victim and acquired it by deception.

2. The Defendant stated in the above office around October 2012 that, even if he/she borrowed money from the victim, he/she did not have the intent or ability to fully repay it, the Defendant’s false statement that “it is necessary to receive an investment from the current class of B and his/her relatives, etc. to operate the F Original Points in Seocheon-gu, Seo-gu. It is necessary to pay the principal after three months if he/she borrowed KRW 100 million.” The Defendant stated in the written indictment that “80,000 won” from the victim around October 24, 2012, the amount transferred to He/she who is the Defendant’s seat is KRW 72,80,00 (Evidence No. 18 of the evidence record), D is recognized as having received the amount from D and 288,000,000,000 won, taking account of the fact that “the amount transferred to He/she is KRW 72,80,000,000,00.”

On November 29, 2012, the sum of KRW 15 million was received from 87,80,000,000 and acquired it by fraud.

3. On October 4, 2013, the Defendant stated in the foregoing office that, even if he/she borrowed money from the victim, he/she does not have the right to complete payment with due intent or ability, the Defendant would not be able to complete the previous obligation that should be completed by the restaurant the Corporation. However, if he/she pays in lieu of the construction cost, he/she would be able to repay the previous obligation.” The Defendant stated that it is 50 million won as the bill of indictment from the victim under the pretext of the construction cost in the city. However, the Defendant stated that it is 60 million won.