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(영문) 인천지방법원 부천지원 2014.03.27 2014고단202
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was unable to make a passbook in the name of the Defendant because credit rating is not good due to various tax arrears, etc., and the personal debt was more than KRW 10 million, and the clothes in the operation of the Defendant’s denied shop, which is a fixed import, were in a situation where the Defendant was unable to make profits because it was not well operated, so there was no intention or ability to make a normal payment even if he borrowed money from the victim B.

1. On June 27, 2011, the Defendant committed the crime: (a) around June 27, 2011, in the “Dundong-gu, Seocheon-gu, Seocheon-gu, Seoul; (b) provided that even if borrowing the money, the Defendant did not have any intent or ability to repay the money; (c) provided that the Defendant was provided with KRW 1 million from the victim, stating that he/she would be immediately repaid within a few days if he/she borrowed the money.

2. On June 29, 2011, the Defendant committed the crime: (a) around June 29, 2011, at the “Ecafeteria” located in Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) even if borrowing the above money, the Defendant did not have any intent or ability to repay the money, and (c) the Defendant was provided with KRW 200,000,000 per month to the victim, stating that “A victim would pay the money within 1.2 months, including one million won borrowed prior to the additional lending of KRW 3 million, and then would have received KRW 3 million in cash from the victim.”

3. Around December 20, 2011, the Defendant stated that “If the Defendant borrowed KRW 10,000,000,000,000,000 to the Cheongju and to the Measures Center, he/she will give the Defendant with his/her game book sufficient to three or five parts of interest.”

However, the fact, however, has only been thought that the money borrowed from F, G, H was repaid and used for the cost of living, and there was no intention or ability to operate the game room normally.

As such, the Defendant, by deceiving the victim, received respectively a remittance of KRW 5 million around December 20, 201, and KRW 4.5 million around December 24, 201.

4. On February 1, 2012, the Defendant committed a crime on or around February 1, 2012, at the coffee specialty where it is impossible to identify the trade name of the Won-gu Won-si, Seocheon-si.

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