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(영문) 인천지방법원 2016.02.04 2015고단5878

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On October 6, 2004, the Defendant was sentenced to 10 months of imprisonment for a crime of fraud at the Incheon District Court. On June 30, 2005, the parole period was terminated on August 5, 2005. On November 19, 2015, the Defendant was sentenced to 8 months of imprisonment for a crime of fraud at the Incheon District Court, and that judgment became final and conclusive on November 27, 2015.

The defendant of "2015 Highest 5878" around December 7, 2009 to the victim F in the D D Station E in Bupyeong-gu Incheon, Bupyeong-gu, Incheon around December 7, 2009, "The number of days of internal payment is the number of days, and 10 million won is lent to the victim F.

The principal stated that he will pay her soon if he/she is fluent.

However, in fact, the Defendant was liable to pay approximately KRW 500 million at the time, and opened a public restaurant with a cover of KRW 500 million, but the restaurant business was not well-grounded, and there was no other property or income, so even if he borrowed money from the injured party, the Defendant did not have any intent or ability to pay the money more than three months.

Nevertheless, the Defendant: (a) deceiving the victim by making such a false statement; (b) received around December 7, 2009 KRW 10 million from the victim; and (c) obtained a total of KRW 2,7350,000 from that time to April 12, 2010 from that time, and obtained a delivery of KRW 11,735,00,000 from that time as stated in the attached crime sight table I.

The Defendant, on October 2012, 2012, called "2015 Highest 6986, the Defendant purchased the Defendant's 4 story building at KRW 1.1 billion, and did not pay any balance to the Defendant. The Defendant, on October 1, 2012, purchased the Defendant's 4 story building at Sejong City in KRW 1.1 billion.

On December 12, 198, the land held in Incheon 4,000 is sold, and money will be returned from the first place on the loan of money.

“False speech was made to the effect that it was “.”

However, the defendant did not purchase a building at the time of borrowing money from the damaged party, and even if he borrowed money from the damaged party due to financial difficulties such as debt amount to KRW 500,000,000, he will pay the money.