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(영문) 인천지방법원 2017.08.10 2017고단4253

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Records] On February 15, 2013, the Defendant was sentenced to four years of imprisonment for fraud at the Incheon District Court, and the above judgment became final and conclusive on the 20th of the same month.

[Criminal facts] The Defendant is a leader who operated a fraternity against merchants in the Nam-gu Incheon Metropolitan City C fish market.

On August 2010, the Defendant had an interest rate of KRW 10 million to be paid every month when the personal debt was KRW 500 million, and the Defendant had an intention or ability to pay the credit amount by operating the credit system in a normal manner, as the credit amount of KRW 15 million to be borne by the Defendant and the credit amount of KRW 15 million to be paid each month was operated in a normal manner, and there is a lot of accounts to be paid and the credit amount to be paid by the Defendant, so it is difficult to continue to maintain the system normally.

On February 10, 2011, the Defendant is the subject of the award of 21 members from “E” to the victim F in the “E” in the operation of Defendant East-gu, Incheon.

D. In the event that D’s money needs to be paid, it made a false statement to the effect that D’ was a successful bidder who can withdraw the fraternity.

However, there was no intention or ability to pay a mutual aid even if it receives a mutual aid payment from the injured party due to such economic difficulties.

As such, the Defendant, by deceiving the victim, received KRW 2,300,000 from the injured party on October 10, 201, and received KRW 79,130,000 from the time to May 25, 201, and acquired KRW 74 times in total, from the time to May 25, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Complaint;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A) and text of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the latter part of Article 39(1) is 1.1.