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(영문) 인천지방법원 2018.11.08 2018고단4511
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 August 24, 2016, the Defendant committed the crime of August 24, 2016, around August 24, 2016, on the road near Gwangjin-gu Seoul Special Metropolitan City C, a funeral service may be provided to the victim D with “the construction of water at home.”

A loan of KRW 10 million shall be repaid until November 30, 2016.

There is a security deposit to be received from a lessor on the drinking house and fireworks in the domestic operation, and it will be offered as security.

“The purpose was to make a false statement.”

However, in fact, the security deposit was reduced because the defendant did not pay a monthly rent on the wind that the enemy had operated at the time, and there was no intention or ability to pay the borrowed money when the defendant borrowed the borrowed money from the injured party, such as the defendant's obligation of the second financial right of KRW 80 million and his monthly interest of KRW 3 million without any property especially owned.

As such, the Defendant, by deceiving the victim, was transferred KRW 10 million from the victim to the national bank account in the name of the Defendant, on the same day.

2. The Defendant committed the crime of December 20, 2016, committed on or around December 20, 2016, borrowed the victim D with the victim D at a closed place on or around December 20, 2016, “At the present place where a funeral service was not provided to another person with a total of one million won without paying it.”

The same shall apply to cases where he/she has fully repaid KRW 10 million.

The loan of KRW 1 million shall be repaid by the end of December 2016.

“The purpose was to make a false statement.”

However, in fact, the defendant was unable to meet the second financial right obligations, and was filed a bankruptcy application with the Suwon District Court around November 2016, and there was no intention or ability to repay the loan borrowed from the damaged party due to the lack of property in particular.

As such, the Defendant, by deceiving the victim, was transferred one million won to the national bank account in the name of E on the same day from the victim.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police against D;

1. Loan certificates and monthly rent contracts for commercial buildings;

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