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(영문) 인천지방법원 2016.02.15 2015고정2444
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 24, 2010, the Defendant: (a) drafted a loan certificate stating that business funds need to be paid to the victim D before a lot, located in Jung-gu Incheon, Jung-gu; and (b) on September 24, 2010, the Defendant performed a repayment condition.

However, the defendant used almost almost almost all of the gambling funds without using them as business funds, and even if he borrowed money, he did not have the intention or ability to repay.

The defendant deceivings the defendant by the above method, and he obtained cash of KRW 10 million from the injured party and acquired it by fraud.

2. The Defendant: (a) around July 18, 2012, around the Nam-gu Incheon National Bank located in Yongsan-gu, Incheon, the Defendant is required to receive business funds from the victim; and (b) paid money within several months.

After making a false statement, 10 million won was borrowed.

However, even if the defendant borrowed money from all of the gambling fund, he did not have the intention or ability to repay the money.

The defendant deceivings the defendant by the above method, and he obtained cash of KRW 10 million from the injured party and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Investigation report (Submission of suspect data - Details of passbook transactions);

1. A criminal investigation report (Submission of suspect additional data);

1. A complaint (including attached documents) stating that the defendant and his/her defense counsel did not borrow KRW 10 million from the injured party in relation to the money acquired through deception on March 24, 2010, while the defendant and his/her defense counsel had the intent to repay and repay the money to the defendant with respect to the money acquired through deception on July 18, 2012.

The following circumstances acknowledged in accordance with each of the above evidence: (a) the Defendant was in bad credit standing at the time of March 24, 2010; (b) the Defendant had a considerable debt to the bank notes and bond companies at the time of the above; (c) the Defendant borrowed money for business purposes; (d) used a considerable amount of money for gambling; and (e) the Defendant paid 7 million won deposited from the damaged party on July 18, 2012, as the victim needs to pay money at the gambling place, the Defendant’s money to the Defendant’s passbook via Internet banking.

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