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(영문) 인천지방법원 2019.07.09 2018고단1098
사기등
Text

A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal power] On June 27, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for violating the Electronic Financial Transactions Act at the Incheon District Court on June 27, 2019, and the judgment became final and conclusive on July 5, 2019.

[2018 Highest 1098] On September 28, 2014, the Defendant concluded a lease agreement with the victim Eul as to H apartment I located in Seo-gu Incheon, Incheon, Seo-gu, Incheon, Seo-gu, Incheon, for two years from October 11, 2014, the lease deposit was paid by the bank with the lease deposit borrowed from the bank. On October 10, 2014, the Defendant: (a) around the above lease deposit was established at the L bank, Seo-gu, Incheon, Incheon, Seo-gu, Incheon, for the lease of H apartment I; (b) at the L Bank, the pledgee was established at the L Bank, Seo-gu, Incheon, Incheon, for the lease deposit of KRW 172,80,000; and (c) at the L Bank, the lease deposit was secured by the guarantee of the above N, and paid KRW 140,000,000,000 as security; and (c) at the same time, the Defendant received the lease deposit from the victim.

Since December 2015, the Defendant was unable to pay the interest on the above loan from around December 2015 due to financial difficulties, the Defendant requested the Defendant to refund the lease deposit by promising to be a director at around January 2016, which was before the termination of the lease contract. On May 12, 2016, the Defendant was requested from the NN who received the Defendant’s claim for the repayment of the loan due to the Defendant’s delinquency in payment of interest on the loan, and even though he was aware of the fact that the above claim for the repayment of the lease deposit was established in the course of communicating with the person in charge, the Defendant was unable to pay the interest on the loan from around January 2016.

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