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(영문) 인천지방법원 2016.10.28 2016고단5904
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around August 10, 2010, the Defendant committed the crime against the victim D made a false statement to the victim that “I will lend a preparatory fund for opening a restaurant, such as the signboards and material costs, to the victim in the residence of the victim D in Jongno-gu Seoul Metropolitan Government. I will pay the victim a funeral service if I lend money to the victim.”

However, at the time, the defendant did not have any intention or ability to repay the debt even if he borrowed money from the victim due to the absence of special property.

The Defendant, as well as from August 10, 201 to February 12, 2011, received a total of KRW 33 million from the victim by deceiving the victim as shown in the list of crimes (1) in the attached Form from August 10, 201 to February 12, 201.

2. Around August 22, 2013, the Defendant committed a crime against the victim E with the victim E at a bank near the Dongjak-gu Seoul Metropolitan Government F Building, stating that “When investing in the distribution business of merchandise coupons, the Defendant would bring the remainder to the victim with only 1.5% of the return rate.”

However, at the time, the Defendant engaged in the Home Plus gift certificates sales business, and was not exempt from deficit, such as paying KRW 20,000 per month for office operating expenses, and even if personal debt is paid KRW 200,000 per month with KRW 200,000 per month, it should be appropriated for the redemption of debt, so there was no intention or ability to pay the profit as agreed, because it should be appropriated for the redemption of debt.

The Defendant, from August 22, 2013 to December 17, 2013, received a total of KRW 46,40,000,00 from the victim, by deceiving the victim as shown in the list of offenses (2) as well as from August 22, 2013 to receive KRW 10,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and D;

1. Application of each statute on filing of a complaint;

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

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