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(영문) 인천지방법원 부천지원 2017.07.06 2017고단1112
사기
Text

A defendant shall be punished by imprisonment for six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant: (a) at the infinite hospital located in Bupyeong-gu, Seocheon-gu, Seocheon-gu; (b) at the phone call to the victim B, who is the branch, and (c) it is necessary to have a large amount of money out of business funds; (d) at the time of lending KRW 10 million, the Defendant paid the principal amount of KRW 350,000 as interest per month; and (e) paid the principal after one year.

It is well-known and well-known that the project is likely to be well and well-known.

“......”

However, at the time of fact, the Defendant had to pay 150 million won per month to C, etc. for the purpose of engaging in a middle and high-class sales business, and paid 1.5 million won per month for the interest, and paid 7 million won per month for the expenses of maintaining offices. However, there was no property, but there was no property, and it was higher than to pay the interest to C, etc. and to resolve the above expenses of the above business. Thus, there was no intention or ability to pay the above money to the victim.

As above, the Defendant, including deceiving the victim as above, received KRW 10 million from the injured party on the same day from the injured party, and, from January 2, 2016 to January 2, 2016, received KRW 53 million in total from the injured party in the same or similar manner as indicated in the List of Crimes, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. B statement of the police suspect interrogation protocol (list 24) against the accused;

1. Statement (List 15) made by the police against B;

1. The details of each financial transaction, etc. (List 7, 8, 14, 22), the certificate of borrowing (List 13), and the statement of dialogue (List 20);

1. Application of each investigation report (List 2, 11) statute;

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act concerning the crime, the choice of punishment, and imprisonment;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order [the Defendant shall be aggregated with the amount of KRW 10 million obtained by deception around April 9, 2015 at present.

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