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(영문) 인천지방법원 2016.08.11 2016고단1785

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant of "2016 Highest 1785" borrowed money from others without any special property or income with C and conspired to use money for personal use.

1. The Defendant together with C, at the office of Jongno-gu Seoul Metropolitan Government D Building 501 on May 6, 2009, if he/she lends money to the victim E to purchase paper, he/she will give three copies of interest in a month and return the principal only one month prior to the end of the month.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, the Defendant did not have any special property and income as a bad credit, and C did not have any intention or ability to return money from the injured party, even if he borrowed money from the injured party, and there was no intention to use it in purchasing paper.

As such, the Defendant: (a) by deceiving the victim; and (b) received from the victim, a total of KRW 30 million around May 6, 2009, KRW 25 million around September 14, 2009; (c) KRW 10 million around December 2, 2009; (d) KRW 2 million around February 2, 2010; and (e) KRW 5 million around April 27, 2010.

Accordingly, the defendant received the property of the victim in collusion with C.

2. On May 10, 2009, the Defendant, together with C, made a false statement with C, at the same place as Paragraph 1, and with F in the same manner as Paragraph 1, to the victim F.

However, in fact, even if the defendant borrowed money from the injured party for reasons such as Paragraph 1, there was no intention or ability to return it according to the agreement, and there was no intention to use it to purchase the paper.

According to the investigation records of the case 18.2 million won at the end of July 10, 2009, 7.212, 213 of the investigation records (transaction records) and 11.29 of the investigation records of the case at the end of 1785 high order of 1785 high order of 2016 high order of 18.2 million won, the defendant was granted KRW 18.2 million from the damaged person on July 10, 2009. Thus, the defendant's act of deceiving the injured person and deceiving the defendant's right to defense is maintained.