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(영문) 인천지방법원 2017.09.27 2017고단4835

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 2014, the Defendant made a false statement to the effect that “A victim C purchases commercial buildings and intends to operate a private teaching institute as the head of the Incheon Private Teaching Institutes Incheon, and will lend the loan to the head of the Incheon Private Teaching Institutes Incheon, which is located in Seoul, and if the Defendant borrowed money necessary for air fees, etc., then he will repay the loan last if he/she will repay the loan back, and if he/she lends the fees to his/her parents due to the property transferred to his/her parents, he/she will repay the loan later.”

However, the Defendant, as a bad credit holder, had a debt equivalent to KRW 12 million at the time, and there was no plan to work as the representative of the Incheon branch of the D Institute, and even if he received money from the injured party, there was no intention or ability to pay the money to the Defendant because he thought to be used for living expenses, etc.

The Defendant: (a) by deceiving the victim as above; (b) obtained KRW 1.1 million from the victim on April 14, 2014; (c) KRW 1.0 million on April 30, 2014; (d) KRW 3 million on May 2, 2014; (e) KRW 400,000 police officers on May 2, 2014; (c) KRW 1 million on May 7, 2014; (d) KRW 3 million on June 7, 2014; (e) KRW 2 million on September 16, 2014; and (e) KRW 1 million on October 24, 2014; and (e) acquired the total amount of KRW 51,500,000,000 on January 22, 2015.

2. On September 2, 2016, the Defendant made a false statement with the victim’s “The Plaintiff obtained two apartment bonds in Incheon Nam-gu, Incheon, and deposited KRW 360 million with the sale price.” Of apartment bonds 2, the Defendant borrowed KRW 350 million with the purchase price for the KRW 240 million.”

However, the defendant did not have any intention or ability to pay money to the defendant because he thought that he would use the above apartment bonds in living expenses, etc. even if he received money from the injured party, in the situation of re-defense such as Paragraph 1.

Accordingly, the defendant deceivings the victim as above and receives five hundred and five hundred and five million won from the victim.