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(영문) 인천지방법원 부천지원 2014.04.24 2014고단239
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

1. On March 14, 2013, the Defendant, on March 14, 2013, concluded that “A loan is not made under the name of the victim B, who is the head of the university, at an unsound place on March 14, 2013,” and that “A loan is made after one month if an installment savings deposit is provided and insurance is provided.”

However, at the time of fact, the defendant did not intend to receive money from the victim while leaving the Internet gambling and did not intend to do so, and even if he did not receive money from the victim, he did not have the intention or ability to pay it.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the national bank account in his own name.

2. On May 6, 2013, the Defendant made a false statement to the effect that “Around May 6, 2013, the Defendant was unable to lend the bond to the victim as security at a influent place located in the Jongno-gu Seoul Metropolitan Government Gwangju District, and that “Around May 6, 2013, the Defendant lent the bond to the victim as soon as possible because he/she was unable to pay the bond without having to do so.”

However, at the time of fact, the Defendant did not have an intention or ability to pay the credit card in arrears with the payment of the credit card, as the credit card price was in arrears, and the Internet gambling was still missing, and thus, he did not have an intention or ability to pay the credit card in arrears with the money from the victim.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the national bank account as of the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. There is no criminal offense against the defendant under Article 62(1) of the Criminal Act.

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