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(영문) 인천지방법원 2018.10.05 2018고단2664

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2016, at a place where it is difficult to know in Seosan, the Defendant would pay the victim B with no money plus interest added by KRW 80,000 per month after receiving an additional loan after receiving an additional loan from the victim B, which is incurred by the loan of money.

“A false representation was made.”

However, in fact, the Defendant had thought to prevent the Defendant from returning other debts with borrowed money from the damaged party, and has already borne excessive other debts, and thus it is impossible to borrow money from the damaged party, so even if the Defendant borrowed money from the damaged party, the Defendant did not have any intention or ability to make repayment within several months by adding interest to KRW 800,000 per month.

As such, the Defendant, by deceiving the victim as such, was transferred from the victim to the Defendant’s bank account on March 2, 2016, the sum of KRW 19.5 million to the Defendant’s bank account on May 18, 2016 and KRW 19.5 million to the same account on May 18, 2016.

2. On May 2017, the Defendant, at a place where it is difficult to know at the Seosan Simsan, made a false statement as if the Defendant would normally pay the accounts to the victim D, thereby joining two teams (2.5 times and 5 times) of the victim’s operating number system.

However, the defendant was operated by the defendant at the time.

E’s personnel expenses and gas expenses were difficult to conduct business to the extent that it is difficult to pay them, was paid in advance due to excessive debts, and was thought to be used to prevent the return of existing debts, and there was no intention or ability to pay them normally even if they were admitted to the victim’s operating number system.

As such, the Defendant was granted KRW 5 million in cash from the following victims who had taken up the above number fraternity by deceiving the victim, and received KRW 10 million in cash from the said victim around June 2017, and KRW 5 million in cash from September 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against B;

1. A detailed statement of account transfer, a copy of the fraternity, and data onF reply;

1. An investigation report (the account in the name of a suspect);