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(영문) 인천지방법원부천지원 2020.10.08 2020고단183

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was aware from January 2016 to June 2016 that he would be able to gain a large amount of profit by investing in the "booming machine business (one hundred US$ 100 by treating chemicals on paper paper)", and then borrowed KRW 150 million and was not returned. The income of the printing office operated was not more than three million won per month, and if it was used for living expenses, the credit card price was not paid at once. The Defendant was accumulated as debt with credit card loans, loans, and debts between financial institutions and private individuals, and even if it was borrowed money from another person due to the lack of real estate or other assets, the Defendant did not have any intent or ability to complete payment.

Nevertheless, the Defendant stated the written indictment in 2016, but according to the evidence, it is clear that it is 2016. and it is deemed that there is no impediment to the Defendant’s exercise of the right of defense even if revised. Thus, the Defendant modified and recognized the criminal facts.

7. Around 29. Around the 29.m., at the coffee shop of D in Pakistan, the victim E, who was suffering from the same damage, made a false statement to the effect that “a business fund is required. A business fund is to be repaid within one year if a loan granted from an existing financial institution to another financial institution is lent from another financial institution to a business fund with a low interest rate.”

The Defendant, by deceiving the victim as above, had the victim take out a loan of KRW 257 million from the F Bank, and had the victim repay the existing loan of KRW 179 million, and received KRW 78 million from the victim as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement E in the prosecutor's office and police interrogation protocol of the accused;

1. Statement to E by the police;

1. Each suspect who has filed an investigation report.