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(영문) 인천지방법원 2016.10.14 2016고단4844
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant did not own a house in fact, and even if he borrowed money from the victim due to no special income in bad credit standing, he did not have an intention or ability to pay the principal and interest.

Nevertheless, the victim C made a false statement as if he/she had property by stating that “the house currently residing is owned by house and if he/she performs the paint construction work, he/she will enter money.” The member received a total of KRW 12.5 million from June 12, 2015 to November 15, 2015 from the victim and acquired it by defrauding it.

1. On June 12, 2015, the Defendant made a false statement to the effect that “The Defendant would need to purchase the materials of the Pested Construction Work at the Nam-gu Incheon Metropolitan City Medical Care Center,” and that “The Defendant would pay five (5) interest if he/she borrowed money, and repay by July 12, 2015,” and received KRW 2 million in cash from the victim on the same day.

2. On September 15, 2015, the Defendant was issued KRW 1 million in cash from the victim on September 15, 2015, by making a false statement to the effect that “If the Defendant lends money to the victim for construction materials cost any longer, he/she would reimburse the victim by September 15, 2015.”

3. On October 13, 2015, the Defendant made a false statement to the effect that “the credit payment of the family-gu Gu G is required. If the Defendant borrowed money, he/she will pay by October 12, 2015.” The Defendant received KRW 3 million in cash from the victim.

4. On October 13, 2015, the Defendant made a false statement to the effect that, at the home of the above Defendant, “the victim requires money in accepting and operating a singing. If the Defendant borrowed money, he/she will repay up to November 12, 2015,” and received KRW 2 million in cash from the victim.

5. On October 16, 2015, the Defendant: (a) around October 16, 2015, at the home of the Defendant’s above Defendant’s office, the Defendant needs to pay money to the Defendant at his/her parents

When lending money, 2015.

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