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(영문) 인천지방법원 2019.06.27 2018고단9065
사기등
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

1. On July 6, 2017, the Defendant: (a) around 11:00, at the D office located in the Nowon-gu Seoul Special Metropolitan City (U.S.), sent text messages to the victim E, who operates the lending company, by cutting off the screen stating “no details of loans” on the Internet F website; (b) the Defendant: (c) lent KRW 200 million to the victim E, who operates the lending company, with no guaranteed obligation and unpaid obligation; and (d) lent KRW 50 million as it is not reliable; and (e) later, lent the remainder.

However, in the past, the Defendant had been responsible for approximately KRW 1.1 billion as the guaranteed obligation and KRW 160 million as the unpaid obligation, and even if having opened the set, the account connected to the credit card device was seized by other creditors, and there was no particular property, so there was no intention or ability to repay the borrowed amount to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 50 million won from the victim to the Agricultural Cooperative (G) account in the name of the Defendant on the 11th of the same month.

2. Nullity of an indication on duties.

A. The Defendant kept 42 points of goods worth KRW 45,580,000 at the market price, other than open shock cases, from “I” located in Seo-gu Incheon, Seo-gu.

On August 23, 2017, the enforcement officer J affiliated with the Incheon District Court attached the said goods in the said “I” upon delegation of the enforcement of the creditor E and attached a seizure indication to the said goods.

Nevertheless, on February 2, 2018, the Defendant: (a) removed the attachment indication attached to the attachment list Nos. 29 from among the above goods with the attachment indication on the date in which the attachment indication was affixed; (b) removed the attachment indication attached to the attachment list Nos. 33 from the attachment list Nos. 33; and (c) removed the attachment indication from the attachment list to the non-explosive land.

B. The Defendant owned 6 points of the total of Samsung T&T market value of KRW 1,380,000 in the Seo-gu apartment L in Incheon, Seo-gu.

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