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(영문) 인천지방법원 2018.03.29 2017고단8971
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 2, 2017, the Defendant extended KRW 700 million to the Victim AZ in front of the Defendant’s home located in Yeonsu-gu Incheon on May 2, 2017.

In order to obtain a loan, a false statement was made that “The money needs to be paid for entertainment expenses, activity expenses, etc.”.

However, in fact, the defendant did not have the intent or ability to get the victim to get a loan of KRW 700 million.

As above, the Defendant: (a) by deceiving the victim; (b) received 600,000 won in cash from the victim; (c) received 7 million won in cash on May 4, 2017; and (d) obtained 17,60,000 won in cash on May 17, 2017, and acquired 17,60,000 won in total.

"2017 Highest 9381"

1. Fraud;

A. The Defendant, on July 7, 2016, obtained the credit card payment, is in front of the “B Mt” in the “B Mt” page 116, Pyeongtaek-si building 116, and the victim BC has the money to be received prior to the payment of the card of the following month, so that the Defendant would make the full payment of the money.

“A false statement” was made.

However, since the defendant did not have any particular property and there was no particular property, and there was no money which can be secured prior to the payment date of card, there was no intention or ability to repay the price even if he borrowed and used the card from the damaged person.

Defendant deceiving the victim as above, and used KRW 3,00 from the “BE convenience store” located in Pyeongtaek-si BD on July 7, 2016, and thereafter, Defendant used KRW 7,962,861 as stated in the separate crime list until July 31, 2016, and acquired financial benefits equivalent to the same amount by failing to pay the amount.

B. The Defendant, on August 11, 2016, acquires mobile phone charges from a mobile phone sales agency located in Gyeyang-gu, Incheon, Gyeyang-dong (hereinafter referred to as Gyeyang-dong) and from a victim BC.

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