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(영문) 인천지방법원 2018.09.14 2018고정1675

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 14, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. in the support for the development of the methods of water sources, and the judgment became final and conclusive on November 24, 2017.

Defendant

The victim B is one of the North Korean defectors, and the victim B becomes aware of in the original state.

The defendant did not have any ability or intention to repay money to the victim even though he borrowed money to the victim.

Nevertheless, the defendant around April 2015, who is the domicile of the victim, is the Busan Sim-gu, which is the domicile of the victim.

C. In 120 dong 904, the victim needs to perform an operation for the victim’s punishment in North Korea.

A loan of KRW 2 million shall be paid on a monthly basis with a monthly payment.

“A false statement was received in cash in the same place, and KRW 2 million was issued.

In addition, the Defendant received a total of KRW 18 million from that time until December 2015, as shown in the list of crimes in attached Form 14 times, from that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against B;

1. Complaint;

1. Investigation report (a copy of passbook details), investigation report (a copy of a response to credit assessment);

1. Previous convictions in the judgment: To search for the Comnet case, each written judgment [a defendant may borrow 18 million won from the injured party], but he did not make a false statement to the injured party, and had the ability to repay at the time;

The argument is asserted.

However, the following circumstances that can be recognized by the foregoing evidence, namely, the Defendant did not properly proceed due to the death of the victim who was prepared to work in the shipbuilding yard at the time of borrowing money from the injured party, and thus was unable to obtain income from the shipbuilding yard. The Defendant did not have any other occupation; the Defendant was loaned KRW 10 million from financial institutions around September 2014; the Defendant repeated arrears for up to 2015 years thereafter; and the Defendant’s credit rating around around 2015, around September 2015, the Defendant borrowed money from the injured party.