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(영문) 인천지방법원 2020.08.20 2020고단1721
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant, at the Seoul Central District Court on September 26, 2014, sentenced one year to imprisonment with prison labor for a crime of attempted use of computers, etc., and completed the execution of the sentence on February 1, 2015 at the Seoul Central District Court on February 1, 2015. On January 9, 2020, the Incheon District Court sentenced two years of suspension of the execution to six months for fraud, and was sentenced to two years of suspension of the execution on January 17, 2020, referring to outputs of the results of the search of the centralizednet case.

2. Criminal facts;

A. On August 11, 2015, the Defendant, at the non-fashion shop located in Suwon-si, Suwon-si, Suwon-si, 2015, concluded that “A victim B, who was the father of the Defendant’s female-friendly Gu, intends to engage in the business of cultivating and selling mushrooms or crops in the local area along with his/her child-friendly Gu,” and that “A person who was the father of the Defendant’s female-friendly Gu, borrowed KRW 23 million as the funds for the fraud of the corporation fall short of the funds, will be repaid after the month.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to pay money to the victim only because he thought to consume personal debt or living expenses.

Nevertheless, the Defendant, by deceiving the victim as above, received 23 million won from the victim to the CUnion account in the name of the Defendant on the same day.

B. Around February 15, 2017, the Defendant committed the crime of February 15, 2017, the Defendant concluded that “Around February 15, 2017, the Defendant would receive a new loan on a better condition after he/she repaid the Defendant’s existing loan under the name of E in the name of E in the front-Eup, North Korea.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to pay money to the victim only because he thought to consume personal debt or living expenses.

Nevertheless, the Defendant is above.

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