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(영문) 인천지방법원 2018.06.08 2018고정200

사기

Text

The defendant shall be punished by a fine of one million won, and a fine of six million won, respectively, for the crime No. 2 of the judgment.

Reasons

Punishment of the crime

On February 11, 2010, the Defendant was sentenced to imprisonment with prison labor and two months at the Incheon District Court on the forgery, etc. of official documents, and the judgment became final and conclusive on April 30, 2010.

1. On October 9, 2008, the Defendant requires money to issue a performance guarantee insurance policy to the victim C at the site of the lower level construction site.

It is essential to lend money to repay.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant did not have any property owned by the Defendant and was economically difficult due to the lack of any income, and thus, the Defendant did not have any intent or ability to repay the said property even if he borrowed money from the victim.

Ultimately, the Defendant, as seen above, was urged by the victim and was given KRW 2,450,00 on the same day from the victim.

2. On November 9, 2012, the Defendant concluded that “A victim C would repay the expenses incurred in receiving the personnel expenses from D in lieu of personnel expenses.”

However, in fact, the Defendant did not have any property owned by the Defendant and was economically difficult due to the lack of any income, and thus, the Defendant did not have any intent or ability to repay the said property even if he borrowed money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 1,402,00 on the same day from the victim, and from May 14, 2014, by deceiving the victim in the same way as the crime inundation Nos. 2 through 12, and received a total of KRW 4,312,400 on up to 11 occasions.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the police with regard to C;

1. Each receipt, each passbook receipt, each certificate of deposit without passbook, each deposit (Evidence No. 19 pages), each letter of payment of total construction expenses, and 400,000 won for public auction;

1. Previous conviction: Application of inquiry letter, text of judgment (Evidence No. 475 of evidence records), and search-related Acts and subordinate statutes, such as criminal history;

1. Relevant Articles of the Act concerning the facts constituting the crime;