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(영문) 인천지방법원 부천지원 2014.06.19 2014고단188
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 3, 201, the victim C: (a) around 21:00, the Defendant provided that, “E” located in Seocheon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, “E”, “A share investment is made; (b) if the Defendant borrowed KRW 10,000,000,000, it shall be used and repaid with ten months.” However, even if the Defendant received the said money, the Defendant was thought to use it as gambling and living expenses at an illegal gambling site; and (c) there was no intention or ability to repay the money due to the loan obligation.

As such, the Defendant, by deceiving the victim, received KRW 5,200,000 in cash on the same day as the borrowed money from the victim, and around the fourth day of the same month, received KRW 10,00,000 in total from the victim to the bank account in the name of the Defendant on the fourth day of the same month, and received KRW 4,800,000 in total from the victim on three occasions from the date and time to June 11, 2012, as indicated in the attached list of crimes.

2. Around November 5, 2012, the Defendant stated that “A victim F will pay the principal to H real estate located in Seocheon-gu, Seocheon-gu G, Seocheon-gu, Seocheon-gu, Seoul, with an investment of KRW 25 million, with an interest burden on the investment amount, if he/she lends KRW 25 million to B, he/she will give KRW 500,000 as interest per month, and pay the principal by June 2013.”

However, as stated in Paragraph 1, the Defendant did not operate shares with C’s borrowed money, and even if she borrowed money from the victim, he was planned to use the money as gambling and living expenses of the illegal gambling site, and there was no intention or ability to repay the money to the victim due to the existing loan obligations.

The Defendant, as such, by deceiving the victim, received KRW 25,00,000 on the same day as the borrowed money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to F and C

1. Relevant Article 347 (1) of the Criminal Act (Options of Imprisonment) concerning the facts constituting an offense;

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