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(영문) 인천지방법원 2020.12.02 2020고단6513
사기
Text

The first and second crimes against the defendant and the third-party 4 May 2018 in the judgment of the defendant are punished by a fine of 8 million won, and the third-party 3 in the judgment.

Reasons

Punishment of the crime

On January 9, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on June 25, 2019.

1. On February 9, 2018, the Defendant made a false statement to the effect that “A victim B shall have constructed a building in Gyeyang-gu Incheon Metropolitan Government, but he/she shall have repaid 20 days after he/she borrowed 15 million won as business funds need to be paid,” around February 9, 2018.

However, the defendant did not engage in the construction business, and there was no intention or ability to pay money from the victim even if there was no particular asset or income.

The Defendant received 15 million won in cash from the victim on his job as the borrowed money.

2. On March 12, 2018, the Defendant, on March 12, 2018, made a false statement to the effect that “If the Defendant, on the grounds that he was influent land of the Nam-gu, Incheon Metropolitan City, Dong-gu, Dong-gu, Incheon, would receive progress payment from the said victim on May 2018, if he borrowed the money that is necessary to do so, he would receive progress payment.”

However, the defendant did not engage in the construction business, and there was no intention or ability to pay money from the victim even if there was no particular asset or income.

The defendant received KRW 24 million from the victim on the same day as the check, and withdrawn KRW 8 million in cash with the victim's corporate bank check issued from the victim and received it.

3. On May 4, 2018, the Defendant made a false statement to the effect that “If a fine is provided in lieu of paying a fine, he/she will receive progress payment from the said victim by telephone, he/she shall receive progress payment from the said victim at once.”

However, in fact, the defendant did not receive progress payment because he did not run the construction business, and there was no particular asset or income, and even if he did not pay the fine on behalf of the victim, he did not have the intention or ability to pay

The defendant shall have the victim take the same day.

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