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(영문) 인천지방법원 2013.11.26 2013고단4129
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 28, 2012, the Defendant made a false statement to the victim E at the “D” childcare store located in the Nam-gu Incheon Metropolitan City, Nam-gu, stating that “A lending money is needed to expand to operate this clothes.”

However, the Defendant was unable to operate the above clothes, and the amount of KRW 17 million per month was spent under the name of interest on financial rights, etc. even except for the living expenses at the time, and thus, the Defendant did not have the intent and ability to repay the borrowed money.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the national bank account in the name of the Defendant on the same day.

2. On December 1, 2012, the Defendant made a false statement to the victim stating, “The money to expand clothes will be lent to the victim.” The Defendant borrowed money to the victim in the car of a nearby Buddhist road at the time of light lighting.”

However, the Defendant did not have the intent and ability to repay the borrowed money due to the foregoing reasons.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the national bank account in the name of the Defendant on the same day.

3. Around December 3, 2012, the Defendant made a false statement to the victim, “Ausp’s collective uniform is required to be produced and supplied to the victim at an influent place near a luminous holiday.”

However, the Defendant did not have the intent and ability to repay the borrowed money due to the foregoing reasons.

The Defendant, by deceiving the victim as above, received KRW 20 million from the victim, to the national bank account in the name of the Defendant.

4. On December 22, 2012, the Defendant made a false statement to the victim by telephone at a non-place, stating that “The value of the goods requires to be borrowed money.”

However, the Defendant did not have the intent and ability to repay the borrowed money due to the foregoing reasons.

The Defendant, by deceiving the victim as above, received seven million won from the victim to the national bank account in the name of the Defendant.

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