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(영문) 인천지방법원 2017.11.30 2017고단5404
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 7, 2011, the criminal defendant against the victim C made a false statement to the victim C, stating that “A female students who assault a female student at the time of a certain school festival, will be given three million won after the loan of KRW 3 million as the hospital cost is required.”

However, the Defendant did not have any ability or intent to repay, even if he/she borrowed money from the damaged party, unless he/she borrowed money from the damaged party, due to the use of the bonds, such as operating expenses and the number of days difficult to meet the living expenses.

Nevertheless, the Defendant, as seen above, received KRW 3 million from the injured party by deceiving the injured party, and received KRW 29.2 million from the injured party to March 2, 2012 under the same name as the list of crimes in the attached Form from around that time to March 2, 2012, and acquired it by deceit.

2. On November 201, the Defendant, against the victim D, obtained a loan from the victim D at a closed place, and became a joint guarantor, and made the loan as if the Defendant would normally repay the loan upon request by the joint guarantor.

However, the Defendant did not have the ability to repay the loan as stated in the preceding paragraph.

Nevertheless, on November 29, 201, the Defendant: (a) by deceiving the victim; (b) obtained the victim’s pecuniary benefits by having the victim obtain KRW 3 million from the (ju) Dog Capital loan; (c) KRW 3 million from the (ju) Dogra loan; (d) KRW 3 million from the loan to the (ju); and (e) KRW 3 million from November 30, 201; (b) KRW 4 million from the Aju Savings Bank on December 2, 201; and (c) KRW 6 million from the sum of the loan to the (ju) Dogra loan to the (ju); and (d) KRW 20 million from the sum of the loan to the (ju) Dogra on December 5, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

1. Loan agreements, written confirmation of full payment, details of deposit transactions, and written confirmation;

1. A complaint;

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