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(영문) 인천지방법원 2017.10.26 2016고단8994
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 2013, the Defendant: (a) around 20 million won; and (b) around October 2013, the Defendant received the payment of KRW 50 million, which he received from D as security; and (c) paid KRW 75 million, which he received from D as security; and (d) paid KRW 120 million,00,000,000,000,000,000 for the remainder of KRW 120,000,000,000,000,000,000,000,000,000,000 won, which was paid from D as the purchase price; and (b) paid from D as security; and (c) repaid the loan received from D as security; and (d) made the registration of the termination of the new loan in the name of D.

However, in fact, the Defendant did not have agreed on the method of cancelling the registration of the establishment of the right to collateral security in the name of the F and D, and did not have reached an agreement on the method of cancelling the registration of the right to collateral security in the name of the F and D, and did not have been paid KRW 20 million from the injured party, and was thought to be used as his personal debt immediately upon receiving the payment of KRW 20 million from the injured party. On the other hand, the Defendant did not have any monthly income at the time, while he was liable for the debt amounting to KRW 340 million from the injured party, even if he was paid KRW 20 million from the injured party as the balance of the above loan, there was no intention or ability to cancel

Nevertheless, on October 24, 2013, the Defendant: (a) by deceiving the victim; (b) by deceiving the victim; and (c) by deceiving the victim to the Defendant’s account in the name of a national bank account in the name of G; and (d) obtained KRW 10 million from December 9, 2013 to the post office account in the name of the Defendant, respectively.

2. On December 30, 2013, around 2013, the Defendant made a false statement that “Around December 30, 2013, the Defendant, by phoneing the victim C, would be paid for only one month if he/she borrowed only 4 million won.”

However, the defendant did not have monthly income at the time, but about 340 million won.

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