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(영문) 인천지방법원 2016.04.21 2015고단3953
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant, in the house of the victim C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, on June 201, lent money to the victim as "I want to get a monthly room by divorce, and I want to pay back money to the victim, because I want to get a monthly room by getting a loan due to bad credit standing.

“A false representation was made.”

However, at the time, the Defendant paid KRW 1.5 million each month to the Defendant’s principal and interest on the money borrowed by the number of days of bonds, and the amount of KRW 1.0 million each month while working at a restaurant was not an intention or ability to pay the money even if the Defendant borrowed money from the damaged party using living expenses and the repayment of the principal and interest.

The Defendant, as such, by deceiving the victim, received KRW 4.5 million from the damaged party on June 17, 201, from the time when he/she received delivery of KRW 4.5 million from the damaged party, and from January 15, 2014, he/she received a total of KRW 2,415,00,000 from the damaged party, including the list of crimes in attached Form 11.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. A complaint;

1. Notice of demand for delivery and loan, advance notice of commencement of compulsory execution of Samsung Bio-corporeal movables, notice of demand for repayment of debts, notice of demand for repayment of debts, full repayment of loan in click-com, certificate of full repayment of debts, agreement on debt repayment settlement, receipt of new cooperatives, notice of scheduled measures, notice of scheduled measures, details of enterprise banking transactions, transaction ledger, and application of statutes governing debt certificates

1. In light of Article 347(1) of the Criminal Act’s motive and background leading up to the crime of this case for sentencing (the choice of imprisonment), the method of committing the crime of this case, the amount of damage, and so on, continuously deceiving the same victim for more than 2 years by continuously deceiving him/her over 11 times during the period of 11 years, including the pertinent legal provisions and the choice of punishment, which relate to the crime of this case, the nature of the crime is not less complicated; the defendant, by making his/her whereabouts unknown for a considerable period of time, causes enormous interference with the investigation and trial by investigation agencies and the court; and the defendant agrees with or

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