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(영문) 인천지방법원 2016.09.02 2016고단3132
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant and C are married couple, the victim D is the private village of C, and the Defendant and C did not receive a determination of brain death, and even if they did not have inherited real estate, they intended to borrow money from the victim with false words.

1. The defendant and C's fraud

A. According to the above public invitation, the above C calls the victim D from the Seoul Metropolitan City Council on May 2015, 2015 to the victim D, and falsely speaks as follows: “I will pay back the money inherited by inheritance with a large amount of property of the Silman, and will receive a determination of brain death at the hospital, and will receive a determination of brain death at the hospital,” and “I will pay back the money without paying the money. I will pay back the money if I lend money. I will pay the money.”

However, in fact, the mother of the defendant was not hospitalized in the hospital, did not receive a determination of brain death, and did not have inherited property and did not have any other property and did not have an intent or ability to repay borrowed money even if he borrowed money from the victim due to bad financial standing in the monthly house to the extent that he was unable to repay other debts.

On May 28, 2015, the Defendant conspired with C, by deceiving the victim, received cash of KRW 13 million from the G restaurant located in Incheon F, as a loan, from the victim.

B. On July 3, 2015, the Defendant called to the victim from the Seoul metropolitan area, such as Incheon, and returned to the lessee the lease deposit amount of KRW 6 million,00,000,000,000,000 to the lessee by phoneing the victim. If the Defendant borrowed KRW 6 million from the sale of the real estate, it would be repaid at a time with the loan of KRW 13,00,000,000,000 from the transfer of the real estate, and the Defendant continued to call to the victim on July 17, 2015.

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