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(영문) 인천지방법원 2019.01.24 2018고단3715
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 November 2015, the Defendant made a false statement to the effect that “The amount of KRW 5 million shall be paid by phone call to the victim B who was known at the time of residing in the Japanese Marba City at the time of his residence in the Japanese Marba, at least ten years, the Defendant would pay money only by the last day of the lending of money.”

However, in fact, the Defendant had a debt of 20 million won or more at the time, and the apartment houses or officetels held by him did not have any difference in remaining, even if they were liquidated because many of the security rights, such as collateral security, have been established, and even if they borrowed money from others, they did not have an ability or intent to repay money normally even if they borrowed money from others.

The Defendant, on November 17, 2015, received KRW 5 million from the victim as the borrowed money from around November 17, 2015, and acquired KRW 57,710,000 in total over 41 times from around that time to January 7, 2017, such as the list of crimes in attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The police statement concerning B;

1. To forward further details of transactions in the account of a suspect, investigation reports (Attachment to A credit reports of a suspect), investigation reports, or C;

1. Court rulings (2017Nong22026)

1. C dialogue content;

1. Details of financial transactions under the name of B, and details of account transactions under A;

1. A certified copy of the real estate register argues to the effect that at the time of borrowing money, the Defendant did not deceiving the Defendant’s intent to repay and his ability to repay because it is true that the Defendant’s economic situation, etc. was replaced by the Defendant at the time of borrowing money. However, the Defendant stated that the Defendant would immediately repay the money that was created after temporary change due to the sudden change of circumstances where the Defendant was the victim. ② However, the Defendant continued to borrow money in excess of five million won for more than one year, and the Defendant did not repay most of the loan debts from the time of borrowing.

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