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(영문) 인천지방법원 2014.03.06 2013고단8221
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On April 30, 2008, the criminal defendant against the victim C made a false statement to the effect that the victim “Esmarket” in the “Esmarket operated by the Yeonsu-gu Incheon Metropolitan City Operation of the Victim C, which was the victim’s “Esmarket” to lend money to the victim as the victim had been playing his day before, but attempted to be able to go back in full-time.” The defendant would receive a large amount of money from the victim.

However, in fact, the Defendant did not have certain income, and there was no intention or ability to pay the said money even if he borrowed money from the victim, because he thought that he used it as living expenses, husband’s hospital expenses, or fraternity dues, etc., and thus, he did not have any intention or ability to pay the money.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 2,00,000 from the victim for the same day as the borrowed money, and received a total of KRW 265,209,000 from around that day to January 18, 209 in the same way as shown in the attached crime list 1, as in the same manner.

2. On March 15, 2009, the Defendant against the victim F made a false statement to the effect that “The Defendant would pay the fraternity to the fraternity members” in the “H kin’s operation of the victim F in Yeonsu-gu Incheon, Yeonsu-gu, Incheon. If the Defendant borrowed money, the Defendant would pay the principal by the number of days every 50,000 won per day, and pay the interest calculated as KRW 10,000 per day after the principal is paid in full.”

However, in fact, the Defendant did not have certain income, and there was no intention or ability to pay the said money even if he borrowed money from the victim, because he thought that he used it as living expenses, husband’s hospital expenses, or fraternity dues, etc., and thus, he did not have any intention or ability to pay the money.

Nevertheless, the Defendant, as such, deceiving the victim and received KRW 5,00,000 from the victim for the same day as the loan money, and around that time, from around May 27, 2009 to around nine times in total, such as the list of crimes in the attached Table 2.

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