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(영문) 인천지방법원 2020.01.07 2019고단7649
사기
Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. On June 14, 2017, around June 14, 2017, the fraud Defendant stated that “C” operated by the Defendant in Gyeyang-gu Incheon Gyeyang-gu, Incheon, that “If the Defendant lends KRW 15 million to the victim D, he/she would give part of the profits that he/she gains when he/she sells to the victim after purchasing the Obane with the said money.”

However, in fact, the Defendant was making a loan equivalent to KRW 20 million at the time, and there is a big amount of expenditure due to living expenses, etc., and thus, economic difficulty is difficult, such as delayed payment of card payment. Thus, even if she borrowed money from others, it was expected that she would consume such money as living expenses, etc. even if she did not have any intent or ability to make a full payment. Therefore, there was no intention

As above, the Defendant, by deceiving the victim, received 15 million won from the victim to the national bank account in the name of the Defendant, as the borrowed money, from the victim, and acquired it by fraud.

2. Around September 23, 2017, the defrauded: (a) around September 23, 2017, the Defendant provided that “A” provided that “A shall repay to the victim the money, as the Defendant would have lent KRW 3 million to the victim within a set of days.”

However, the Defendant, at the time, has a loan equivalent to KRW 20 million, and there is a large amount of cost of living expenses, etc., and thus, it is difficult to economicly pay the card price due to overdue payment. Thus, even if there is money within a day, the Defendant was scheduled to use it in another place, and thus there was no intention or ability to pay it even if it borrowed money from others.

As above, the Defendant, by deceiving the victim as above, received 3 million won from the victim as the borrowed money from the seat, and acquired it by fraud.

3. On October 28, 2017, the Defendant said that “A,” around October 28, 2017, the Defendant said that “A,” “A, at the victim’s expense, 1.7 million won was changed.”

However, the defendant has a loan equivalent to KRW 20 million at the time, and there are many expenditures due to living expenses, etc.

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