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(영문) 인천지방법원 2014.06.12 2013고단8583
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. Fraud;

A. A. Around February 10, 2008, the Defendant stated, “A Dunused Room operated by the Defendant in Nam-gu Incheon Metropolitan City,” to the victim E, “Along with the term of lease of the cosmetic room operated by the Defendant. A large building is leased in other places, and the Defendant would invest money and operate the cosmetic room by investing technology. First of all, if money is needed in operating the cosmetic room, then the Defendant will pay interest on the second part of each month if it is lent as money is needed.”

However, in fact, the Defendant did not have any intent and ability to repay the debt even if he borrowed money from the victim due to the lack of any specific property.

Accordingly, the Defendant, by deceiving the victim as above and receiving 2.2 million won from the victim’s post office account under the name of the Defendant to transfer from June 29, 2012 to the post office account under the name of the Defendant, received a total of KRW 115.7 million over 18 times until June 29, 2012.

B. Around August 10, 2007, the Defendant told the victim G located in the Nam-gu Incheon Metropolitan City F to “a loan of KRW 15 million to the victim” at the victim G house.

However, in fact, the Defendant did not have any intent and ability to repay the debt even if he borrowed money from the victim due to the lack of any specific property.

Accordingly, the Defendant, as seen above, was delivered KRW 75 million over five times as shown in the list of offenses, by deceiving the victim as above and receiving KRW 15 million from the victim as the borrowed money.

2. From February 30, 2010 to February 30, 2010, the Defendant in breach of trust is the subject of a number of KRW 20,000,000, which was organized by the Defendant in the Southern-gu Incheon Metropolitan Government “Duntile room” operated by the Defendant.

The Defendant, around August 30, 2012, received all fraternitys from the aforementioned "Dunusedment" from its members, and therefore, the Defendant had a duty to pay KRW 7.7 million to the victim E, a cause of the same day, which was designated as a different fraternitys.

Nevertheless, the defendant is guilty.

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