(영문) 인천지방법원 2012.09.27 2012고단5820

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(영문) 인천지방법원 2012.09.27 2012고단5820

사기

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A defendant shall be punished by imprisonment for not less than five months.

except that 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, as the operator of the Gwangju small bank, did not have any particular property, and the above small bank was operated by the enemy to the extent that the monthly rent could not be paid properly, and even if the above small bank was transferred to another person, it was not allowed to receive 30 million won as premium, etc., and there was no idea of marriage with the victim E.

1. In March 2011, the Defendant: (a) made a false statement to the Defendant, “The Defendant: (b) around the said Soviet, the Defendant: (c) on the said Soviet that the Defendant would not operate the so-called “the so-called party”; (d) paid the principal and interest on each month when he/she received a loan from the lending company; and (e) upon arranging the said loan, he/she would receive KRW 30 million with the premium and pay the said money at the time; and (e) he/she would enter into a marriage after arranging the said loan.”

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

On April 8, 2011, the Defendant, by deceiving the victim, received 1,1590,000 won from the victim to the account in the name of the Defendant Gwangju Bank.

2. Around April 8, 2011, the Defendant made a false statement that “A vehicle shall be operated well to the victim until he/she sells it in his/her possession until he/she sells it,” and that a vehicle shall be given a loan to the vehicle under the name of the party and the installment of the vehicle shall be paid in if the vehicle is given a vehicle.”

However, the defendant did not have the intention or ability to pay the installment of the vehicle properly even if he purchased the vehicle in the name of the victim as above.

On April 8, 2011, the Defendant, by deceiving the victim, had the victim take out a loan of KRW 8.4 million from the Hyundai Capital Capital, and acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. An agreement, notarial deed, specification of transactions, and specification of transactions;

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