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(영문) 인천지방법원 2017.06.22 2017고단2522
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On March 30, 2017, the Defendant was sentenced to four months of imprisonment for fraud and two years of suspended execution at the Incheon District Court, and such judgment became final and conclusive on April 7, 2017.

[Criminal facts]

1. On January 8, 2014, the Defendant would pay 50-7 million won to the victim B from the mutual influorc influorc inf near the southwest of the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to the victim B “I make an investment in a foreign country, but I lend 5 million won to B, 50-7 million won per month.

The principal shall be repaid only before one month.

“A false statement” was made.

However, the Defendant did not have invested in a foreign country at the time, and even if he borrowed money from the damaged party, he did not have any intention or ability to repay the money.

The Defendant received five million won in cash from the damaged party on his job.

2. On February 14, 2014, the Defendant would pay KRW 50-7 million to the victim’s residence in Nam-gu Incheon Metropolitan City, Incheon, with the monthly income if the victim “ has made an investment in a foreign country.” If the Defendant borrowed KRW 10 million to B, the Defendant would pay KRW 50-7 million with the monthly income.

The principal shall be repaid only before one month.

“A false statement” was made.

However, the Defendant did not have invested in a foreign country at the time, and even if he borrowed money from the damaged party, he did not have any intention or ability to repay the money.

The defendant was given 10 million won in cash to the damaged party on his job.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. Each complaint letter, each investigation report, and recording recording;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of the text of the judgment;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes;

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