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(영문) 인천지방법원 부천지원 2018.11.08 2018고단2252

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 29, 2016, the Defendant of the crime against the victim V loaned KRW 20 million to the victim V who knows that he/she himself/herself is engaging in the lending business by telephone, and thereafter, lends the interest to another person in the form of KRW 10 million after the date on which he/she borrowed KRW 20 million.

Documents are perfect.

Documents shall be kept in the office.

The interest will be paid to other persons five parts per month, and it will give 6 parts in particular to thener.

“A false representation was made.”

However, in fact, since the defendant was retired from his side business at that time and only recovered the outstanding amount, there was no certain amount of income, and the defendant already bears obligations to the extent that it is difficult to repay the outstanding amount in a normal way, and the amount paid by the damaged person was thought to be used as debt repayment or living expenses, and there was no intention or ability to repay the money received from the damaged person because there was no asset that can be immediately commercialized.

Nevertheless, on June 30, 2016, the defendant acquired 20 million won from the injured party as the borrowed money and acquired it by fraud.

2. On August 5, 2016, the Defendant committed a crime against the victim T, at the AZ office located in Bupyeong-si AY in Bupyeong-si on August 5, 2016, there is a person who uses money rapidly on another side.

The principal shall be repaid two months after that person has paid 20,000, and five copies shall be paid for interest.

“A false representation was made.”

However, in fact, since the defendant was retired from his side business at that time and only recovered the outstanding amount, there was no certain amount of income, and the defendant already bears obligations to the extent that it is difficult to repay the outstanding amount in a normal way, and the amount paid by the damaged person was thought to be used as debt repayment or living expenses, and there was no intention or ability to repay the money received from the damaged person because there was no asset that can be immediately commercialized.

Nevertheless, the defendant received 15 million won from the injured party on the same day as the borrowed money.