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(영문) 인천지방법원 2012.12.27 2012고단9041
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who sells a new job without registration of a business operator.

The defendant did not have the ability to repay the money from the victim D with bad credit standing, and the money borrowed from the victim was used for personal debt repayment.

1. On November 7, 2011, the Defendant committed the crime of fraud on November 7, 201, 201, on the part of the victim D’s house of Gyeyang-gu Incheon apartment 603 Dong 1301, 200,000 won in the cost of finding the vehicle. There is a money to be paid to another person (F). There is KRW 24 million in the amount to be paid to the other person (F). Upon receiving the said money, the Defendant made a false statement that he/she borrowed KRW 5 million in the immediately after he/she paid the money.

However, the defendant did not have any fact that he was found in the money received from the victim, and it was thought that he was used to pay personal debts to G, Ga, H, I, etc. who is a singing room business owner, and that he did not have any claim of KRW 24 million against F.

The defendant acquired 5 million won from the victim to the national bank account (K) in the name of the defendant in the same day.

2. On November 17, 2011, the Defendant made a false statement to the effect that “The Defendant would receive and pay 24 million won prior to the filing of the payment, if he/she borrowed money to her because he/she would urgently need to reach an agreement by making an accident at the victim’s home” at the victim’s house.

However, it was false that the J's accident caused the necessity of agreement, and it was thought that it would be used to pay personal debt to G and L(M).

The defendant acquired 5.7 million won from the victim to the above J's account on the same day.

3. 2011. 11. 22. 사기 범행 피고인은 2011. 11. 22. 피해자의 집에서 "아우디 차량을 운행하다가 공사장 팻말을 들이받아서 차량 수리비로 600만 원 이상이 나왔는데, 나에게 돈을 빌려주면, 전에 말한 2,400만...

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