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(영문) 인천지방법원 2019.05.15 2018고단9369
사기
Text

Defendant

A Imprisonment with prison labor for two years and for ten months, respectively.

Reasons

Punishment of the crime

around February 2016, Defendant A made a false statement as “D” located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, stating that “In-house, Gu has made a lot of profits from its dry field lurging business.” Defendant A made an investment in dry field lurging business.”

However, even if the defendant A received investment funds from the victim, he did not have the intention or ability to use them for dry field lurging business.

Defendant

A, as seen above, by deceiving the victim, received KRW 2 million from the G bank account under F on February 3, 2016 to the bank account. From that point to October 10, 2018, A acquired the total sum of KRW 12,6820,00 in the said account as the investment name of the dry field project, officetels business investment name, adult-type business investment name, pension project investment name, tax payment name, tax payment name, and current cost, as shown in the crime list from that point to that point.

"2018 Highest 9394"

1. On March 2017, Defendant B’s sole criminal conduct, upon the request of Defendant A to “to use money in a place where he/she would use money, which he/she would be 5 million won around,” and said, Defendant B’s false statement to the victim I who is the owner of Eunpyeong-gu H house in Seoul, where the Defendant resides, with intent to borrow money. On March 3, 2017, Defendant B stated that “I will pay money after two months if he/she borrowed money from the J University where he/she goes on the second floor of the said house” to the victim’s residence in the second floor of the said house.

However, the defendant had no plan to travel from the school around that time, and he thought that he borrowed money from the victim to use K's debt repayment and living expenses.

Nevertheless, the Defendant, by deceiving the victim as above, acquired 5 million won from the victim’s corporate bank account (Account Number L) in the name of the Defendant.

2. Defendant B’s joint criminal conduct was urged by the victim to promptly repay the amount of KRW 5 million, since the victim’s maturity was over June 2017.

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