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(영문) 인천지방법원 2017.09.28 2017고정2066
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 23, 2017, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on July 28, 2017.

1. On December 25, 2015, the Defendant: (a) around December 25, 2015, the Defendant: (b) lent KRW 4 million to the victim B (4 million because of the shortage of KRW 4 million in finding again a scoo vehicle with a mortgage; (c) lent money to the victim B; (d) it will return money at 8 times.

“A false representation was made.”

However, in fact, the defendant could not find the above vehicle as 4 million won, and the defendant actually used 2 million won out of 4 million won from the injured party to pay interest on the debt, and used 2 million won as gambling fund.

Moreover, the Defendant, as a bad credit holder, has been liable for a monetary obligation of approximately KRW 40 million, and even if he/she borrowed money from the injured party, he/she did not have any intent or ability to repay it.

As such, the Defendant, by deceiving the victim, received 4 million won in cash from the injured party.

2. On December 28, 2015, the Defendant was accused of fraud by phone call to the victim B at an insular place on December 28, 2015, and “the head of a Tong is seized.”

If 1.9 million won is lent, the head of the Tong is released from seizure with the money and all of the borrowed money will be repaid.

“A false representation was made.”

However, in fact, the Defendant was unable to cancel the seizure even if he borrowed the above money due to a large amount of debt, and even if he borrowed the money from the damaged party, he did not have any intention or ability to pay the money.

The defendant deceivings the victim as above and receives a total of KRW 1.3 million from the victim on December 28, 2015, and KRW 600,000,000 from December 29, 2015, and KRW 1.9 million on December 29, 2015, respectively, from the Saemaul Treasury Account (C) in the name of the defendant.

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