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(영문) 인천지방법원 2021.02.18 2020고단7503
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2009, the Defendant came to know of the victim while working together with the victim C in the restaurant located in the Seoul Special Metropolitan City B in North Korea on September 2, 2009, and then came to know of the victim, the Defendant “The parents’ thickness and owned the asset of 10 billion won in Incheon, and operated the largest kindergarten in Incheon, and was punished by money in the vicinity of the kindergarten.

‘Falsely speaking and emphasizing its re-performance.’

On August 22, 2018, the Defendant was sentenced to a traffic accident and a fine of KRW 5 million to the above victim in Gyeyang-dong around 22, 2018.

There are also the use of bonds, and the death is caused by the demand for change.

When lending money, the company that has been working in the past will receive monthly pay.

“A false representation was made.”

However, in fact, the Defendant thought that he would borrow money from the injured party to use it in the transaction of foreign exchange marginal profit (the so-called “fx margin transaction”), and that he would have been able to pay for the Defendant’s living expenses every month. Moreover, the Defendant did not have any particular property, and the Defendant did not have much financial ability as the injured party made a false statement. Thus, even if he borrowed money from the injured party, the Defendant did not have any intent or ability to pay it.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 5 million from the victim to the account (E) in the name of the Defendant on the same day from the victim; (c) and (d) received a total of KRW 106,460,000 from around that time to January 3, 2020, as shown in the list of crimes attached hereto, from around 25 times.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. The Act applies to the investigation report of the police statement protocol against the defendant's legal statement C (the suspect A's identity of the defendant).

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