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(영문) 인천지방법원 2017.08.10 2017고단2148
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, around April 2, 2016, lent money to the victim E in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu C around April 2, 2016, and received KRW 0 million.

During that period, five interest shall be given on the loan of money and repayment shall be made without molding until June 30, 2016.

The phrase “ makes a false statement.”

However, the defendant's salary was seized and applied for personal rehabilitation, and even if the defendant borrows money from the injured party in excess of his/her debt amounting to KRW 90,000,000, there was no intention or ability to repay it as agreed.

Accordingly, the Defendant, by deceiving the victim as above, received the victim’s marina card and password from the victim, and released the sum of KRW 24 million from the same day to April 26, 2016 and acquired it by deception.

2. On May 28, 2016, the Defendant: “Around May 28, 2016, the Defendant need to pay money to the victim by telephone at an insular location.”

The loan of KRW 200,000 shall be made with the interest of five parts, and repayment shall be made until June 30, 2016.

The phrase “ makes a false statement.”

However, the Defendant did not have any intent or ability to repay the same according to the promise even if the Defendant borrowed money from the injured party for the foregoing reasons.

Accordingly, the defendant deceivings the victim as above and let the victim deliver 2 million won in cash to the male who was sent by the defendant.

3. Around June 19, 2016, the Defendant made a false statement that “The Defendant would lend money and interest to the victim in a lump sum to the victim as a result of the loan of the last 2 million won to the victim.”

However, the Defendant did not have any intent or ability to repay the same according to the promise even if the Defendant borrowed money from the injured party for the foregoing reasons.

Accordingly, the defendant deceivings the victim as above and obtained cash 2 million won from the victim on the same day.

Summary of Evidence

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