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(영문) 인천지방법원 2015.03.20 2014고단7149
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 3, 2014, the Defendant was sentenced to a suspended sentence of 8 months for the crime of forging private documents, etc. at the Seosan Branch of the Daejeon District Court on April 3, 2014, and the said judgment became final and conclusive on April 11, 2014.

1. On June 25, 2012, on June 25, 2012, the defrauded made a false statement to the victim “E” office operated by the victim D in Bupyeong-gu Incheon Metropolitan City, stating, “If the Defendant lends the money, he/she shall pay two copies of the principal as interest payment every month, and the principal shall be paid KRW 30 million as the term “on December 25, 2012.”

However, in fact, the Defendant did not have any obligation to borrow and pay money from F, which is the subject of the obligation, and there was no time limit to receive the money to receive, so even if he borrowed money from the victim, he did not have any intent or ability to pay it.

The Defendant, by deceiving the victim, received KRW 10 million from the victim, around June 25, 2012, and KRW 1520,000 from the victim, to the Agricultural Cooperative Account in the name of the Defendant, around June 26, 2012.

2. On July 11, 2012, around July 11, 2012, the defrauded made a false statement to the effect that “The Defendant would have paid money to the victim D and would have paid the principal every month when he/she has paid the money to the victim D, and would have paid the principal in return for the amount of money KRW 30 million on December 25, 201.”

However, in fact, the Defendant did not have any obligation to borrow and pay money from F, which is the subject of the obligation, and there was no time limit to receive the money to receive, so even if he borrowed money from the victim, he did not have any intent or ability to pay it.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim around July 11, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, H, and F;

1. Investigation report (to attach materials to be submitted at the H);

1. Previous records before and after judgment: Application of criminal records, inquiry reports, investigation reports (case search records and copies and output records of decisions, etc. - Criminal suspects);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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