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(영문) 인천지방법원 2018.07.11 2018고단527
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From February 11, 2009, the defendant's operation D of the defendant located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, the defendant needs to pay the victim E "F who is a school teacher in Chungcheongju" to leave the U.S. training.

It stated that it would be repaid when training is refunded, and that it would be repaid with money.

However, the defendant's female students did not have the U.S. training so that the training cost was not required, and the defendant was thought to use the borrowed money as the monthly rent of the above office.

In addition, from around 2007, the Defendant had already borrowed money from the real estate office due to the acquisition cost of the office, the college enrollment fee of his child, etc., but the Defendant had no intention or ability to repay the principal in a timely manner even if he borrowed money from the female and female who is a teacher due to the failure to pay the principal.

Nevertheless, the Defendant, by deceiving the victim as such, received transfer of KRW 20 million from the Defendant’s Dong F to the Defendant’s Dong F’s account on the same day, and also, from such time to August 16, 2016, the Defendant either belongs to or high interest for the use of the loan to the victim as stated in the list of crimes in the attached Table of Crimes.

In other words, 356,825,000 won was remitted over 38 times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Receipt: 45 copies, note, and note for the loan purpose;

1. Application of Acts and subordinate statutes on trading;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The alleged defendant did not deceiving the victim about the defendant's ability to repay or borrow, and even if there was a deceptive act by the defendant, the relation between the deceptive act and the disposal act is not recognized, it shall be acquired by the defendant.

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