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(영문) 인천지방법원 2017.01.19 2016고단7269
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2013, the Defendant escaped from the victim C at the Defendant’s residence, etc. located in the Nam-gu Incheon Metropolitan City Btel Btel B, 605.

The employees of the company operated by the branch have to report to the Ministry of Labor and pay the wages close to the employees instead of the branch and pay the fine.

As the money to be used for this purpose is urgently required, the loan amounting to KRW 10 million may be borrowed. Accordingly, the loan holder made a false statement to the effect that he/she would pay at home and receive the legacy of his/her father and repay all the principal of the loan until September 2013.

However, in fact, the Defendant did not have any particular income or property at the time and had an obligation to repay to the lending company by making excessive payments for entertainment expenses more than KRW 20 million, and it was difficult for the Defendant to timely payment of KRW 700,000 of the monthly rent of the above officetel residing by the Defendant, and the Defendant did not have any intent to use the money as a cost of living if he borrowed money from the victimized party without delivery of his father who could not dispose of the money from the victimized party, and the Defendant did not have any intention or ability to repay the money from the victimized party.

On April 5, 2013, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 10 million to the Saemaul Treasury account in the name of the Defendant to the victim; (c) around April 5, 2013.

2. The Defendant requires more money to be paid to the victim in the instant officetel, etc. on April 2013, although the Defendant did not have any intent or ability to repay money from the victim even if he/she borrowed money from the victim.

In addition, a loan may be extended to KRW 6 million by additional loan. On the other hand, the loan is made by means of a false statement to the effect that the principal of the loan shall be repaid at a reasonable price, and the principal shall be repaid until December 2013 after receiving a miscarriage from his father.

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