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(영문) 인천지방법원 2016.08.11 2015고단2335
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Criminal facts are recognized by rhythizing the facts charged to the extent that it does not pose a substantial disadvantage to the defendant's exercise of his/her right of defense.

1. On July 12, 2013, the Defendant committed the crime of July 12, 2013, at a restaurant operated by the victim D located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Seoul, the Defendant would pay the victim the interest on three (3) parts of the month of lending the amount of clothes to the victim and pay the victim within two to three (2) months.

“The purport was to the effect that “.....”

However, at the time, the Defendant had a debt amounting to KRW 223,48,188,188, including the credit card company’s debt and personal debt. The Defendant had no intent or ability to repay the debt even if he/she borrowed money from the injured party, as the profits of the clothes operated by the Defendant are used in full for repayment of the debt.

The Defendant, by deceiving the victim, was transferred KRW 3,000,000 from the victim’s mother E account on the same day.

2. On September 28, 2013, the Defendant committed the crime of Sep. 28, 2013, at a restaurant operated by the said victim, to provide the victim with the interest on the 4-day monthly interest on the lending of the card, and to repay the card if he/she around January 25, 2014.

“The purport was to the effect that “.....”

However, as above, the Defendant had a debt amounting to KRW 223,48,188,188, and the profits of clothes operated by the Defendant were used in full for the repayment of the debt, and there was no intention or ability to repay the debt even if the Defendant borrowed money from the injured party.

The Defendant, as such, by deceiving the victim, was transferred KRW 2,00,000 to the husband’s account under the name of husband F by the victim.

3. The Defendant committed the crime of October 16, 2013: (a) around October 16, 2013, lent the amount paid to the victim in three copies of the household check in a restaurant operated by the said victim at the expense of the said victim, “on the face of 3,000,000 won per face value; (b) on the face of 2% per month; and (c) on the part of the amount paid on January 25, 2014.

‘The purpose was to say.’

However, the Defendant had a debt equivalent to KRW 223,48,188 as above, and the Defendant.

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