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(영문) 인천지방법원 2020.09.10 2020고단5333
사기
Text

A defendant shall be punished by imprisonment for four 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. Around July 15, 2014, the defendant against the victim B made a false statement to the victim E of the above company E in Jung-gu Incheon, Jung-gu, Incheon, that "if he/she borrowed money and borrowed it, he/she will continue to work in a more convenient welfare center than the site (factory), and will repay the principal and interest of the loan after one week."

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay the borrowed money.

Nevertheless, the Defendant received 6 million won from the victim to the single bank account (F) in the name of the Defendant on the same day as the loan money, and from around that time to July 12, 2018, the Defendant obtained a total of 26 times including a total of 123 million won from around 26 times, such as the list of crimes in attached Form.

2. Around February 2017, the Defendant against the victim G made a false statement in the Jung-gu Incheon Metropolitan Government Employees Welfare Center Co., Ltd. that “Around February 2017, the Defendant would have the victim of the said company D Staff Welfare Center E, who is affiliated with the said company D Staff Welfare Center, work in a convenient welfare center for the lending of money, and pay the principal and interest of the loan after one week.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay the borrowed money.

Nevertheless, the Defendant, on February 3, 2017, received from the victim the sum of KRW 45 million and KRW 20 million around February 7, 2017, from the victim to the one bank account (H) in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement prepared B;

1. Investigation reports (including attachment of credit information inquiry and details of account transactions of suspects);

1. A complaint;

1. The details of deposits and withdrawals (G husband B and G), certificates of full payment of debts, details of loans transactions, and application of Acts and subordinate statutes governing credit information history;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act for the selection of criminal facts (including each victim);

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