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(영문) 인천지방법원 2018.07.13 2018고정1127

사기등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 5, 2015, the Defendant: (a) on the Yeonsu-gu Incheon Metropolitan City first floor, from the victim D on March 5, 2015, prepared the test loan certificate to enable the victim D to borrow money from E upon request; and (b) “D to lend KRW 4 million to E on March 5, 2015; and (c) to repay the full amount by April 5, 2015.

“A certificate of borrowing was drawn up.”

The Defendant embezzled the above money by taking advantage of the fact that the above loan certificate was delivered to E and delivered to E by the person who prepared the loan certificate from E to the victim, and was in custody for the victim, while the Defendant was in custody for the victim.

2. The defrauded demanded the Defendant to “a person who became aware of the embezzlement as referred to in paragraph 1 requires that the Defendant return the loan certificate again because he/she received only the loan certificate,” and on April 2015, the Defendant would recover the amount from the victim via telephone to E at a prompt time.

“.......”

However, in fact, the defendant did not have the intention or ability to repay his obligation due to lack of self-sufficiency.

Since then, the defendant is expected to return the loan certificate.

A promise is made on April 17, 2015, where the trade names with the victim and the food pel of Yeonsu-gu Incheon Dong cannot be known, it is not possible to find where the loan certificate is now available to the victim in the coffee shop where the victim " was settled with the E in full."

This is due to the occurrence of the head of the Tong in Korea, which is unable to pay the original cost due to the seizure of the head of the Tong, and if the head of the Tong lends 3 million won to the kindergarten, the attached head of the Tong will be terminated, and the money in the head of the Tong will be repaid without a molding.

The money is transferred to the F passbook, which is false, and the money was acquired by remittance from the damaged person to one F account.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. The police of D. D.