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(영문) 인천지방법원 부천지원 2018.02.09 2017고단1892

사기

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

1. On April 11, 2014, the Defendant would assist the victim C, who was aware of in a restaurant near the hill station located in the Gangnam-gu Seoul Metropolitan City, in order to lend money to the victim C in order to obtain a loan related to the building, and then to operate the D store located in Gangnam-gu.

“False speech” was made.

However, in fact, the Defendant was subject to fraud by defraudation of KRW 900 million from around 2013 to E, F, G, etc., and even if the Defendant borrowed money from another person, even if he/she did not have any intent or ability to repay the money and did not intend to use it as appraisal costs of a building by lending money from the damaged person.

The Defendant was transferred from the victim to a new bank account in the name of the Defendant, including KRW 3 million on April 11, 2014 and KRW 3 million on April 14, 2014.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 16, 2014, the Defendant is entitled to a loan if the Defendant repaid KRW 35 million to the said victim of the existing loan in order to obtain a loan to the said victim as collateral at a Buddhist place in Seoul around May 16, 2014.

It is intended to receive a loan to repay all the borrowed money to the existing.

“False speech” was made.

However, in fact, as stated in the preceding paragraph, the Defendant was bearing a large number of obligations at the time, and the Defendant had been trying to purchase on May 16, 2014, the building located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, where a large number of security rights was already established, and whether to receive a loan as security was impossible. The Defendant had no ability to prepare KRW 1.3 billion for the purchase price of the building, and thus, the Defendant did not have any intent or ability to repay the loan even if he borrowed money from the injured party.

The Defendant, as of May 16, 201, borrowed money from the injured party.