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(영문) 인천지방법원 2020.06.19 2020고단1758
사기
Text

A defendant shall be punished by imprisonment for six 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 is a person who operated a clothing store with the trade name "C" from Michuhol-gu Incheon Underground Store.

1. Around November 3, 2017, the Defendant: (a) stated that “A victim D, who is the same commercial store merchant in the above underground shopping mall, shall pay off the money; (b) “Around November 3, 2017, the Defendant borrowed only KRW 100,000,000.”

However, at the time, the Defendant borrowed approximately KRW 76,60,00 from other persons than the above victim, and the other credit card use amount was unable to pay off time, and even if the Defendant borrowed money from other persons including the above victim to other creditors in the manner of avoiding return, the Defendant did not have any intent or ability to pay the money within the agreed period.

Nevertheless, the Defendant, as above, was issued KRW 4 million in total as the borrowed money, on November 3, 2017, by receiving KRW 1 million from the said victim on or around November 3, 2017, and KRW 3 million on or around November 29, 2017.

2. The Defendant against the victim E at the above underground store around June 15, 2018, and even if he/she had no intent or ability to repay money within the agreed period even if he/she borrowed money as stated in paragraph (1), he/she stated that “the victim E, who is the store merchants of the same commercial building, shall pay the money in 150,000 won on a ten-day basis, if he/she borrowed 2.5 million won,” and that he/she shall be paid the money in 2.5 million won on the same day from the above victim, and around August 14, 2018; and

8. Around 15.15. Each of them received KRW 1 million in total as a loan, including delivery of KRW 500,000,000 and KRW 1 million in September 15, 2018, respectively.

3. On September 26, 2017, the Defendant against the victim F was in a store with the above underground shopping mall, and even if the Defendant borrowed money as described in paragraph (1), it was in the absence of the intent or ability to repay the money within the agreed period.

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