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(영문) 인천지방법원 2013.07.03 2013고단1619
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 8, 2011, the Defendant made a false statement to the victim E on D real estate operated by the Defendant in Bupyeong-gu Incheon Metropolitan City, Incheon, stating that “When the Defendant has no money to file a lawsuit on ownership with the G juridical person in Seocheon-gu, Seocheon-gu, Incheon, it would be used as litigation costs and living costs, etc. and would be repaid on December 31, 201.”

However, the defendant did not have any intent or ability to repay money even if he/she borrowed money from the victim because of the lack of economic situation due to the borrowing of living expenses.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to his/her national bank account on November 8, 201.

2. On March 31, 2012, the Defendant made a false statement in G located in Seo-gu Incheon City, Seo-gu, Incheon, stating that “The Defendant borrowed the victim E money for the purpose of attorney fees, etc.”

However, the defendant did not have any intent or ability to repay money even if he/she borrowed money from the victim because of the lack of economic situation due to the borrowing of living expenses.

Ultimately, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim around March 31, 2012, and KRW 5 million around April 3, 2012, and KRW 10 million from the victim.

3. On July 10, 2012, the Defendant drafted a loan certificate to J and K at the I hotel 1 shop located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, with the Defendant: “The money is to repay money within one week after the completion of the judgment on G ownership, and to lend money to the victim E; and the J and K around that time delivered the victim at the “M” coffee shop located in the Incheon Sagu L at that time.

However, the defendant did not have any intent or ability to repay money even if he/she borrowed money from the victim because of the lack of economic situation due to the borrowing of living expenses.

After all, the defendant deceivings the victim as such and belongs to it, J.

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