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(영문) 인천지방법원 2018.11.23 2018고단4922
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 2016, the Defendant: (a) in the Michuhol-gu Incheon Metropolitan City Btel in Btel, the victim C is required to pay the principal and interest on the loan if the Defendant borrowed money to the lender C in the condition that the card value is sealed, the Handphone fee is sealed, and the number of days is sealed; and (b) the principal and interest on the loan is paid.

The phrase “ makes a false statement.”

However, at the time, the Defendant was liable for a loan amounting to KRW 12 million with D, and there was no certain income, and there was no intention or ability to repay the loan even if the Defendant borrowed money from the damaged party due to no other special property.

The Defendant, as above, by deceiving the victim and deceiving the victim, received the total sum of KRW 13 million from January 21, 2016 to February 1, 2016 from the victim to from February 1, 2016 from the victim and acquired it through the delivery of KRW 13 million.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Details of deposit transactions and remittance;

1. (E) details of loans, (F bank), details of loans partially repaid to loan companies [The following circumstances can be determined by comprehensively taking account of the evidence duly adopted and examined by this Court, Defendant 1 received money under the pretext of loans by deceiving Defendant C as a criminal intent of defraudation without intent or ability to repay, according to the following circumstances:

It is reasonable to view it.

① In this Court and police investigations, the victim: (a) the Defendant was required to pay the principal and interest on the loan if the Defendant borrowed money under the name of the victim due to the defect that the amount of the card value and the Handphone fee was sealed and the number of days was sealed; and (b) the victim was not in a situation where the money was not available to the victim due to the lack of money; and (c) the principal and interest on the loan

the Commission.

was stated.

(2) The victims, together with the Defendant, borrow a loan of eight million won from E banks on January 20, 2016 and five million won from F banks on January 21, 2016, respectively.

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