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(영문) 인천지방법원 2019.06.12 2018고단9162

사기

Text

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

Reasons

Punishment of the crime

[Criminal Power] On December 24, 2014, the Defendant was sentenced to six months of imprisonment for fraud in the Dong branch of the Busan District Court, and was released on July 30, 2015 and the parole period was expired on August 10, 2015.

【Criminal Facts】

1. On December 12, 2017, the Defendant introduced the victim B, who became aware of her knowledge as the representative of the business entity “C” to a police officer in the middle of 2017, as if she had a considerable financial history, and took place from that time, as if she had a personal history with the victim, the Defendant called the victim at a non-permanent place on December 12, 2017 and called the victim for a misunderstanding of the amount of KRW 50 million and could not enter into an important contract with her no money. The Defendant made a false statement to the effect that “If she borrowed her money, she would promptly repay her money with her own interest.”

However, at the time, the Defendant did not have any money to receive a contract in progress. At that time, the Defendant used to pay the money received from the victim to E who filed a criminal complaint against the Defendant for fraud as a criminal agreement fee, or considered to use it as a cost of living. There was no particular property or income, and there was no intention or ability to immediately repay the money borrowed from the victim.

The defendant acquired 21 million won from the victim to the agricultural bank account in the name of F, a defendant's friendship on the same day.

2. On January 8, 2018, the Defendant made a false statement to the victim B’s house located under the Yeongdeungpo-gu Seoul Metropolitan Government Building H, stating that “If the Defendant borrowed money from the victim’s house located under the Seoul Metropolitan Government Building H due to an increase in the number of other contracts, he/she would make a full payment of the total amount of the borrowed money received by resolving the contractual case and receiving the money.”

However, in fact, the defendant did not have any money for a contract in progress at the time, and the money received from the victim is a criminal agreement to I who filed a criminal complaint against the defendant for fraud at that time.