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(영문) 인천지방법원 부천지원 2018.02.08 2017고단2795
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim have worked together at the same workplace for about 25 years.

1. On February 27, 2009, the Defendant would have to lend KRW 50 million to the victim C from the first place in the ancient village in Kimpo-si, Kimpo-si, Kimpo-si to the victim C with a full payment.

The phrase “the phrase was false.”

However, in fact, the Defendant was thought to have borrowed KRW 50 million from the injured party for full consumption due to debt repayment, payment of interest, payment of public charges, living expenses, etc., and there was no other income at the time, and paid approximately KRW 5 million per month with the bank and bonds interest interest, so there was no intention or ability to repay even if he borrowed the above money.

Nevertheless, the Defendant received 50 million won from the injured party to the Agricultural Cooperative Account under the name of the Defendant for the purpose of borrowing money from the seat.

2. On April 20, 2009, the Defendant made a false statement to the victim C, stating that “Before lending KRW 150 million to the victim, the Defendant shall pay the victim a full payment after three months.”

However, in fact, the Defendant was thought to fully consume 150 million won from the injured party due to repayment of debt, payment of interest, payment of public charges, living expenses, etc., and there was no other income at the time, and paid approximately KRW 5 million on a monthly basis with the bank and bonds interest, and thus, there was no intention or ability to repay the above money even if borrowed.

Nevertheless, the Defendant acquired 150 million won from the damaged person to the Agricultural Cooperative Account under the name of the Defendant, i.e., the Defendant acquired 150 million won from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a written complaint, each borrowing certificate, each deposit without passbook, details of transactions, and all matters registered; and

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the instant damages amounting to KRW 200,000,000,000,000.

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