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(영문) 인천지방법원 2016.04.22 2015고단943
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 30,300,000 won to the applicant by fraud.

Reasons

Punishment of the crime

In fact, the defendant did not register a business operator or a corporation and did not have a place of business, but did not want to acquire money by deceiving the construction company with the name of the representative of DD construction without having a place of business.

1. On August 19, 2014, the Defendant: (a) around 16:00, the Sinan-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) the victim C was unable to withdraw money because it did not bring the head of the Tong to the contract; and (c) and (d) if the Defendant borrowed KRW 25 million as required for the contract, he/she would pay the money immediately to the Incheon Metropolitan City on the next day.

“Finally false.”

The fact is that there was no intention or ability to change the debt amount at the time, even if it borrowed money from the damaged party because there was no particular asset in the amount equivalent to KRW 100 million.

Therefore, it received 24,300,000 won from the injured party to the Agricultural Cooperative Account in the name of E and acquired it by transfer.

2. The facts of around 13:00 on August 28, 2014, the Defendant called to the victim without intent or ability to repay the additional money, even if he/she borrowed money from the said victim, and leased KRW 5 million to the victim in advance to purchase gift certificates to be used for the purpose of making up for it. The Defendant would make a repayment without the door of the shop shop.

“The phrase “ was false.”

Therefore, it received 5 million won from the injured party to the above Agricultural Cooperative account, and acquired it by transfer.

3. The facts of around 14:00 on September 20, 2014, the Defendant called the victim with no intent or ability to repay the money, even if he/she borrowed money from the said victim, and “it seems that there is a lack of KRW 9,000,000,000,000,000,000,000,000,000,000,000 won due to drinking.

The loan of KRW 9 million shall be repaid without molding from the Jeju-do Incheon.

“The phrase “ was false.”

Therefore, it received 600,000 won from the injured party to the above agricultural bank account, and acquired it by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of passbook transactions;

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