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(영문) 인천지방법원 2013.11.05 2013고단5963
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 2010, Defendant B made a false statement that “The Defendant may receive high interest on the loan of the supply necessary for real estate business from the victim C (n, 44 years of age) within a cafeteria located in the Nam-gu Incheon Metropolitan City, Nam-gu. If the Defendant borrowed the bate money to the real estate business entity, he/she would pay the principal and interest at 10% of the principal and interest within a month from the lease to the real estate business entity.”

However, at the time, at the time, the Defendant had the overdue debts of KRW 14 million and personal loan debts of KRW 7 million, and was in bad credit standing, and even if the Defendant borrowed money from the victim, he did not have the intent or ability to pay the principal and interest to the victim at time by using it for the repayment of gambling debts.

Therefore, it acquired 8.9 million won from the victim on April 7, 2010, 6.4 million won around the 10th of the same month, and 10 million won around May 10, 2010, and 25.3 million won in total from the victim.

2. Around July 27, 2010, Defendant A, introduced from the above victim, who was introduced from the above B at the sub-si and sub-si (Sacheon-si) around July 27, 2010, concluded that “If the Defendant borrowed KRW 50 million from September 28, 2010 to January 201, the Defendant would make a false statement that “I will make a notarial deed up for the notarial deed, if I believe that the said victim would have received the progress payment every month after being awarded a contract with E company for reinforced concrete construction work among the D apartment construction work.”

However, at the time, the Defendant did not pay the credit card price of KRW 20 million without any specific property, such as real estate or bonds, and was in a bad credit condition. The Defendant was unable to pay the said construction due to the failure to pay the expenses for growing trees and the food expenses of the father, and was in the situation of suspending the said construction. The F that operates the said E Company and the Construction were to be settled upon completion of the construction, but did not agree to receive the progress payment of KRW 20 million each month, and did not have any intent or ability to pay KRW 10 million each month.

Therefore, it is the name of G in the same day from the victim.

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