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(영문) 인천지방법원 2016.05.11 2015고단7152

사기

Text

Defendant shall be punished by a fine of five million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On August 20, 2011, the Defendant borrowed KRW 18 million from 20 million until September 10, 2011 to the victim C at the mutual infinite shop located in the Incheon Gyeyang-gu Operation Dong of Gyeyang-gu, Incheon.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any intent or ability to pay the said amount even if he borrowed the money from the injured party, since the Defendant, at the time of borrowing the money from the injured party, bears the obligation of KRW 260,000,000.

The Defendant received 18 million won from the injured party to the national bank account (D) under the name of the Defendant as the borrowed money.

On October 22, 2009, the defendant of "2015 Highest 8125, the defendant was urged to pay the debt of KRW 140 million from the victim G at the Bupyeong-gu Incheon Bupyeong-gu Office of Law No. 301, Bupyeong-gu, Incheon around October 22, 2009, and the victim was urged to pay the debt of KRW 180 million from the victim G to pay the debt of KRW 230,000.

The issue date was Oct. 22, 2009, and the payment date was Oct. 31, 2009, and the issuance date was Oct. 31, 2009, at par value of 180 million Won (ju).

However, in fact, the Defendant did not own the iron bars of 230 tons at the time, failed to receive orders for construction works, and the existing construction cost has not been recovered properly, and there was no intention or ability to pay the said promissory note normally on the payment date due to the lack of financial standing.

Accordingly, the Defendant deceiving the victim as above, and caused the victim to acquire the pecuniary benefits that have been postponed by October 31, 2009, which is the date of payment of promissory notes.

Summary of Evidence

1. The defendant's statement at court (2015 highest 7152);

1. Statement made by the police against C;

1. References to evidence 12 of cash storage, liquidity transactions, 2015, 8125, ;

1. G. G.