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(영문) 인천지방법원 2014.12.18 2014고단6247
사기
Text

Imprisonment with prison labor for each of the crimes listed in subparagraphs 1, 2 and 5 of the judgment of the defendant, and for each of the crimes listed in Articles 3 and 4 of the judgment.

Reasons

Punishment of the crime

On November 5, 2002, the defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Incheon District Court, and the above judgment became final and conclusive on the 13th of the same month.

1. Around October 2002, the Defendant made a false statement to the victim D’s outside third village E in the Nam-gu Incheon Metropolitan City, stating that “When the Defendant borrowed 13 million won as the amount of money is insufficient to obtain tax exemption from the military unit due to the lack of money from the military unit, he/she will inquire of the interest and complete payment as the money is created.”

However, at the time, the Defendant did not have any intent or ability to complete payment, even if he borrowed money from the victim in the form of a debt exceeding 100 million won, including 60 million won, and 50 million won, with respect to the mutual savings bank.

Around October 15, 2002, the Defendant received 13 million won from the victim as a loan, from the second stop store located in the East-gu Incheon Metropolitan City.

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

2. On October 11, 2002, the Defendant stated that “The principal shall be paid every month with 5.5 copies of interest on the loan of money, and the principal shall be repaid on April 16, 2003, and a promissory note with a face value of 7.5 million won shall be drawn up as security” to the victim H in Nam-gu Incheon Metropolitan City F.

However, at the time, the Defendant did not have any intent or ability to complete payment, as agreed, even if he/she borrowed money from the victim with a debt of at least KRW 100 million.

Nevertheless, the Defendant, by deceiving the victim as such, received 5 million won from the victim as the borrowed money in the same place.

3. On March 16, 2003, the Defendant made a false statement in the above G that “I would provide the victim with the vehicle of sodurged as security if I lend the money.”

However, at the time, the defendant did not have any intent or ability to complete payment even if he borrowed money from the victim with a debt of at least KRW 100 million.

Nevertheless, it is not appropriate.

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