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(영문) 인천지방법원 2016.04.20 2014고단5941
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 4, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court on May 4, 2012 and the said judgment became final and conclusive on May 12, 2012.

The Defendant, around February 15, 2008, at the Cerper of Defendant’s operation in Yeonsu-gu Incheon Metropolitan City, the Defendant: (a) was aware of the victim D, “I know that I would engage in a cosmetic funeral in the same Incheon underground shopping mall; and (b) if I would like to say that I would like to say I would be able to pay money to the underground shop merchants.

I.

It is necessary to raise money to the underground commercial merchants by setting a number of days.

Now, because there are many merchants in underground commercial buildings, they will introduce certain number of days to the merchants.

Now, at the time of receiving an order from the merchants of underground commercial buildings, the author made a false statement that the principal of the loan will be deposited into the account and received a daily fee from the underground commercial merchants on the face of the week.

However, even if the Defendant received money from the injured party, he/she would have been able to use money for personal purposes, such as lending money to E who does not engage in the business for the purpose of operating the home. At the time, the Defendant had no particular property under the name of the Defendant and bears obligations exceeding 400 million won, and there was no intention or ability to repay even if he/she borrowed money

Nevertheless, Defendant 2 received KRW 2 million from the injured party on the same day as the loan money and acquired it through the agricultural bank account under the name of Defendant from the injured party on the same day as the above, from May 11, 2009, and acquired it by deceptioning KRW 277,459,00 in total as the loan money over 94 times, such as the statement in the list of crimes, from May 1, 2009.

Summary of Evidence

1. Each protocol of suspect interrogation of the accused by the prosecution (including D and F large parts);

1. Statement made by the police against D;

1. A complaint;

1. Application of Acts and subordinate statutes reporting previous convictions and results thereof;

1. Article 347 of the Criminal Code applicable to the crime and Article 347 of the choice of punishment (as a whole, the choice of imprisonment with prison labor).

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