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(영문) 인천지방법원 2018.02.08 2017고단7431
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On June 18, 2015, the Defendant: (a) subscribed to two teams in the winning bid system operated by the victim in Bocheon-si D; and (b) called “the victim would be given priority once to repay the debt” to the victim.

However, in fact, although the defendant was a captain of a diving fishing vessel at the time, there was a revenue while working as the captain of the vessel at the time, but there was a large amount of debt borrowed from another person, so the revenue was in the situation of buckbucking even in order to pay interest, etc., and even in order to prepare a buck, it is insufficient to repay the existing debt with the guidance money, and it is difficult to pay the fraternity by lending it again to another person, and therefore, there was no intention or ability to pay the fraternity money normally to the victim until December 2020 when the fraternity ends.

Nevertheless, the Defendant, as if he were to make a normal payment of the paid-in money, deceiving the victim and then received 38,40,000 won from the damaged person as the Defendant’s account at around the time, and received 38,70,000 won from the Defendant’s account at around December 18 of the same year as the foregoing method, and received 38,70,000 won in cash under the name of 7,000 won.

B. On July 21, 2015, the Defendant stated, “Around July 21, 2015, the Defendant borrowed KRW 25 million from the victim E to be fully repaid, and the victim and F will be fully repaid.”

However, even if the defendant borrowed money from the injured party due to the circumstances such as the preceding paragraph, he did not have an intention or ability to repay it normally.

Nevertheless, the Defendant, by deceiving the victim, was issued to the victim with KRW 22 million, and three million in cash, from the victim to the flood control account of the Defendant at that time.

2. On May 15, 2015, the criminal defendant against the victim F is the victim’s “living expenses.”

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