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(영문) 인천지방법원 부천지원 2014.04.18 2013고단3438
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 11, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on October 14, 2013.

[2013No. 3438] The Defendant was a person operating the number system, and the victim C was a member of the 5 and 7 unit of the number system operated by the Defendant, and the victim received KRW 12 million from the Defendant around February 25, 2012, and around April 2012, the victim was entitled to receive KRW 12 million from the Defendant.

1. On April 25, 2012, around April 25, 2012, the defrauded stated that “If the Defendant borrowed KRW 9.5 million out of KRW 12 million to be urgently used, the Defendant would pay interest on the second part of each month.”

However, at the time, the Defendant had a debt of approximately KRW 40 million, and was disbursed about KRW 20 million in one month for interest and various costs, and at the time, it was difficult to pay interest for the creditors who borrowed the above KRW 9.5 million borrowed from the victim before the victim, and it was thought that it would be used to pay interest for the creditors who borrowed the above KRW 9.5 million borrowed from the victim first, so even if he borrowed money from the victim, there was no intention or ability to pay it as agreed.

Ultimately, the Defendant, by deceiving the victim as above, acquired and acquired pecuniary profits equivalent to KRW 9.5 million by deceiving the victim by borrowing the amount of the credit prohibited amount in lieu of the payment of the remaining credit amount of KRW 9.5 million from the amount of KRW 7 million up to KRW 12 million around April 25, 2012.

2. On October 30, 2012, around October 30, 2012, the defrauded told the victim C to pay interest on a monthly basis if he/she borrowed money, and to pay him/her all, including KRW 9.5 million that he/she lent at any time and at any time 20 days prior to the end.

However, there is a difference;

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