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(영문) 인천지방법원 부천지원 2015.01.29 2014고단2063

사기등

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Busan District Court's Branch Branch on August 2, 2013, and three years of suspension of execution was decided on the 30th of that month.

around August 2012, the Defendant made a false statement to the victim E in Gangseo-gu Seoul Metropolitan Government, stating that “If he/she lends 45 million won to the victim, he/she would have harvested rice until October 22, 2012, he/she would have repaid 80 km 300 km (24,000 km) to the victim’s office.”

However, in fact, the Defendant’s yield is merely about 12,00 km, and even if a rice shed is rice, it is not sufficient to repay it. There is no particular income other than the farmer, and even if there is a debt of 36,50,000 won in neighboring stations, there was no intention or ability to pay it.

On September 6, 2012, the Defendant, by deceiving the victim as such, received KRW 45 million from the victim, in the vicinity of the Kim Jong-dong, Kim Jong-dong on September 6, 2012.

"2014 Highest 2625"

1. On January 3, 2013, the defrauded made a false statement to the effect that “If the Defendant borrowed KRW 5 million as he/she needs to pay, he/she shall have the loan certificate, and only one month until February 3, 2013, he/she shall be paid interest, as well as all principal.”

However, in fact, the Defendant did not have any other income except for a clan farmer, and did not have any personal debt equivalent to KRW 90 million borrowed from financial institutions, including Nonghyup, etc., and thus, the Defendant did not have any intention or ability to complete payment even if she borrowed money from the victim.

The Defendant, by deceiving the victim as such, received 5 million won from the victim as the same day and the borrowed money, and acquired it by deceit.

2. The Defendant, around September 10, 2012, intended to purchase at the victim K 31.5 million won a return of 496 square meters located in JJ in Kimpo-si, Kimpo-si, the seller I owned by the Defendant.