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(영문) 인천지방법원 2016.11.23 2016고단3321

사기

Text

Defendant

A shall be punished by a fine of 9,00,000 won and by imprisonment of 4 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

On March 20, 2014, A was sentenced to imprisonment of one year and six months for fraud in the Incheon District Court. On December 17, 2014, A completed the enforcement of the sentence in the third prison of the North Koreanbukbu on December 2014.

Defendant

B On April 25, 2014, the Incheon District Court sentenced one year and two months to imprisonment for fraud, etc., and terminated the enforcement of the above sentence in the Incheon Detention House on September 20, 2014, and on February 15, 2016, the judgment was finalized on May 19, 2016.

On February 2, 2015, the Defendants: “In the operation of a siren company in Seoul and Incheon.” Upon the request of the Defendants, the Defendants introduced a person who borrowed money by taking advantage of the rental vehicle in possession of the vehicle, and offered to raise business funds by offering the vehicle having a siren in advance by introducing the person who borrowed the money to the above E as if it were the rental car of an enterprise operated by the said Party. Around February 2015, the Defendants conspired to offer business funds by providing it as security and lending it to the said person without authority.

On March 2015, the Defendants stated that “the Defendant shall pay the money to the victim F at the place of mutual payment in Gwangju Mine-gu, Gwangju, and the victim F shall be exempted from paying the money, and the Defendant shall be exempted from paying the money as collateral until he/she fully pays the money.” However, the above vehicle was lent to the Ya company and the Defendants did not have the right to provide it as collateral, and even if he/she borrowed money without any specific income, there was no intention or ability to pay the money.

The Defendants received 4 million won in cash from the above F, that is, i.e., 4 million won in tin, and the same year.

3. 11. Minority: 6 million won; and

3. Around December 12, 198, one million won was remitted to the Defendant B’s account and the sum of 11 million won was defrauded.

B. On March 2015, the Defendants: (a) at the middle point of coffee in the Han-gu, Young-gu; and (b) at the victim H, the Defendants paid the money directly to the Defendant; and (c) Ecuas I until he paid the money.