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(영문) 인천지방법원 부천지원 2015.11.27 2015고정875
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 20:40 on August 14, 2013, the Defendant made a false statement to the victim D, stating, “I will pay 90,000 won and pay 10,000 won of surplus 10,000 won.”

However, the facts revealed that E’s wife “F” entered into a guarantee agreement with the victim to make a repayment in lieu of a debtor’s failure to repay the loan when it engages in the loan business, but the time limit for the repayment of G’s debt was fully satisfied, which was caused by the customer’s failure to repay the loan, and the occurrence of the loan was accumulated through the business of conditional loan brokerage of the above guarantee contract, and there was no specific property contrary thereto, and the “H Health Institute” operated at the time has been gradually poor in the business, and eventually, even if it was borrowed money from another person due to lack of intent or ability to repay the loan from the victim, it would be difficult to avoid the occurrence of the loan by remitting the money from the victim to the “F” in the name of the wife of the above E.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Agricultural Cooperative (I) account in the name of E (I) under the pretext of repayment of the Defendant’s debt, as a result of borrowing money from the victim’s position.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. The Defendant asserts that he had the capacity to repay and intent to repay.

However, according to the above evidence, it can be recognized that the defendant urged the payment of debt from the "F" at the time when he received money from the victim, and that the defendant said that he would make payment within nine days at the latest, regardless of the existence of any particular property, within nine days from the victim. In full view of these circumstances, the defendant's intent to make payment and the defendant.

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