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(영문) 인천지방법원 2019.08.08 2019고단3167
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 29, 2014, the Defendant made a false statement to the victim C’s office operated by the victim C on the fourth floor in Jung-gu Seoul, Jung-gu, Seoul, stating that “I will use only one month if I lend money to the victim only 10 million won as I want to acquire a legal entity, and will complete payment without molding until April 30, 2014.”

However, the Defendant had no property at the time, and there was no intention or ability to pay the above money after one month since the debt was equivalent to KRW 90,000,000, and the Defendant was a plan to use the above money for the acquisition of a corporation and for the repayment of living expenses and debt.

Nevertheless, the defendant acquired 10 million won from the victim to the E-bank account in the name of the defendant's bank in the name of the bank in which the defendant is operating.

2. On April 29, 2014, the Defendant told the victim at the G Hospital Hospital Hospital Hospital Hospital Hospital located in Gangdong-gu Seoul Metropolitan Government, “I will make a lump sum repayment by combining all of the borrowed money within seven days with the first borrowed money, if the expenses needed to take over the corporation are more than one million won.”

However, the defendant had no property at the time, and there was no intention or ability to repay the above money and the money already borrowed seven days after the debt was equivalent to KRW 90 million, and the defendant was a plan to use the money for the payment of living expenses and debts without using the money borrowed from the victim for the acquisition of the corporation.

Nevertheless, the defendant acquired 1 million won from the victim to the E-bank account in the name of the defendant in the name of the E-bank in which the defendant operates.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of account and details of account transactions;

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect's ability to repay debts);

1. The fact that it is merely a borrowed money fraud under Article 347 (1) of the Criminal Act and the amount of fraud is not substantial, inclusive, with the relevant legal provisions on criminal facts;

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