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(영문) 인천지방법원 2018.09.13 2017고단9364
사기
Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

The injured party is a month from the defendant.

Reasons

Punishment of the crime

On October 2015, the Defendant is the head of the office of the attorney-at-law office in the victim B, operated by the victim B in Jung-gu Incheon, Jung-gu, Incheon.

If money is lent to a person in need of money in the court auction proceedings, he/she may receive interest on 5% per month.

It is safe to enter the court through a lawyer's office.

The principal made a false statement to the effect that “The principal shall be returned after a month if he/she reaches one month.”

However, in fact, the Defendant did not intend to lend the money borrowed from the injured party to a person in the process of auction, and used the money to consume it for the cost of living or to use it as a referring to the money to a third party. At the time of credit class 9, it is difficult to lend it to a financial institution during the city with a credit rating 1.535 million won, the unpaid additional collection charge is KRW 1.535 million, the Defendant’s debt to the court is KRW 30 million, and the Defendant’s salary is less than KRW 3 million, the Defendant did not have the ability or intent to repay the principal to the injured party within the time limit agreed to pay the principal to the injured party without borrowing or receiving the money from other persons

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 15 million from the victim on October 7, 2015 by the check, and received KRW 15 million from the victim around that time to July 8, 2016, and received a total of KRW 100,000,000 from around 10 times, as shown in the list of crimes in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on investigation (the tracking of a check), investigation report (to hear D statements of a suspect as his/her debts), investigation report (the list of debtors);

1. E-stock company replys, certificates of check transactions in front of himself/herself, and data on bank replies;

1. Ten copies of the loan certificate;

1. Application of the CDA-1 statute

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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