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(영문) 인천지방법원 2018.10.04 2018고단3159
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. On January 2, 2015, the Defendant, who committed a crime around January 2, 2015, lent KRW 12 million to the victim in the victim D’s residence located in Incheon Strengthening-gun C around January 2, 2015, for the following reasons: (a) it is necessary to receive the time limit money later; and (b) it is necessary to receive the time limit money.

“The phrase “ was false.”

However, the Defendant did not notify the victim that he would have borrowed money from the injured party to the personal information in the E market (one person referred to as "F") that he would be able to borrow money for gambling. Since the Defendant did not have any particular income at the time, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the injured party.

The defendant deceivings the victim as above and received 12 million won from the injured party.

2. On August 2015, the Defendant of the crime of influence on August 2015, 2015, called the victim at an influent area below the Incheon Influence Group on the date of August 8, 2015, and called the victim for “if it is difficult to pay the amount, it is necessary to receive the time limit for the extension of the system to be admitted if it is more than eight million won.”

“The phrase “ was false.”

However, in fact, the Defendant did not notify the victim that he would have borrowed money borrowed from the injured party to the personal information in the E market (one person referred to as "F") that he would be able to borrow money with gambling funds. Since the Defendant did not have any particular income at the time, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the injured party.

The defendant deceivings the victim as above and was given eight million won to the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. The defendant asserts that he/she has committed the crime of defraudation of the suspect interrogation protocol against the defendant.

The defendant's share of money borrowed from the damaged party in the amount of KRW 50 million.

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