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(영문) 인천지방법원 2017.07.20 2016고단5529
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 2015, the Defendant came to know of the Victim C through the introduction of a person from the Buddhist land of the Incheon or lower Incheon, and the Defendant borrowed a mobile phone fee to the victim on the grounds that contact with the victim is difficult to make a living due to the difficulty of contact, which led to development into a relationship with the victim.

From March 18, 2015 to May 2015, the Defendant borrowed a total of KRW 6,890,000 to the victim from May 18, 2015, such as lending KRW 2,10,000 to the victim as living expenses. There was any occurrence other than bonds equivalent to KRW 10,000,000 on May 2015, 2015, and the fact that the victim was in default was not able to repay the loan even if the victim had no intent or ability to pay the loan, if the victim was guaranteed to receive the loan, then the relationship between the victim and the victim shall be settled.

A false statement was made.

On May 26, 2015, the defendant deceiving the victim as above and caused the victim to do so, the defendant acquired the financial benefits equivalent to KRW 12 million on the same day by allowing the defendant to prepare a joint and several guarantee contract and implement the loan from the KONS loan, the KONS loan, the KONS loan, the ELS loan, the transfer of the loan to the corporation, the transfer of the loan to the corporation, the transfer of the loan to the corporation, the transfer of the loan to the corporation, the transfer of the loan to the corporation, and the transfer of the loan to the corporation.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made by C by a witness among the five-time public trial records;

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

1. The joint and several guarantee contract and the loan contract [the defendant and his defense counsel denied the crime of defraudation, but the defendant recognized that he did not have the intent or ability to repay the loan at the time of each loan stated in the crime (the defendant's statement on the 178, 179th day of investigation record). Although it appears that the victim was aware of the fact that he had no occupation and had difficulty in lending due to low credit rating (the victim's statement on the 179th day of investigation record).

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