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(영문) 인천지방법원 2019.07.04 2018고단3974

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

"2018 Highest 3974"

1. Fraud against the victim B;

A. On June 2, 2014, the Defendant committed the crime of July 2, 2014, made a false statement to the effect that “The Defendant would return KRW 10 million interest at the last 10 million interest rate to the victim’s house located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to the effect that “The first floor D head of Seocheon-gu C building is a pharmacy, which is the first floor D head of Seocheon-gu, Seocheon-gu, Incheon, and operated in the car page.”

However, the Defendant did not have any intention or ability to repay the borrowed money and interest to the victim because the Defendant was able to use the money for the repayment of the existing debt.

As such, the Defendant, by deceiving the victim and deceiving the victim, received on July 2, 2014, KRW 17 million from the victim to the E-bank account under the name of the Defendant, and acquired it by fraud.

B. On October 23, 2014, the Defendant committed the crime committed on October 23, 2014, concluded a false statement to the effect that “The Defendant would return interest at the end of the year to KRW 5 million by adding the interest to the end of the year, if he/she lends the money that is short of the money, to the end of the year, to the victim B.”

However, the Defendant did not have any intention or ability to repay the borrowed money and interest to the victim because the Defendant had received money from the victim and thought to use it to prevent the repayment of the existing debt.

As such, the Defendant, by deceiving the victim and deceiving the victim, received on October 23, 2014, KRW 12 million from the victim to the E-bank account under the name of the Defendant, and acquired it by fraud.

2. On September 2015, the Defendant against the victim G made a false statement to the victim G, stating that “The victim G, who newly constructed two units of land, such as Chungcheongnam-gun’s budget-gun H, and sold the land, to the victim G, one half of the total project cost to be divided into half of the profits generated when the land, such as Chungcheongnam-gun’s budget-gun H, is located in the same place.”