(영문) 인천지방법원 2015.09.10 2014고단9521

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(영문) 인천지방법원 2015.09.10 2014고단9521

사기

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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

[criminal power] On January 18, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Southern District Court on the 23th day of the same month, and the judgment became final and conclusive.

【Criminal Facts】

1. On March 9, 2009, the Defendant concluded that “Around March 9, 2009, the victim F shall be paid interest at 2.5% per month and the principal shall be repaid to the victim F, if he/she lends KRW 27 million to the victim E office located in Yeongdeungpo-gu Seoul Metropolitan Government D.”

However, the Defendant did not have any intent or ability to repay the money, even if he borrowed the money from the victim, because he did not pay the money to the employees at the time.

The Defendant deceptioned the victim as above, and received KRW 27 million from the victim around that time.

2. Around April 10, 2009, the Defendant made contact with the victim at the above office and made a false statement stating that “If 20 million won is additionally lent, 2.5% per month interest shall be given to 2.5% per month, and all borrowed money shall be repaid.”

However, for the above reasons, the Defendant did not have any intent or ability to repay the money borrowed from the victim.

As above, the Defendant, by deceiving the victim and deceiving him, obtained 20 million won from the victim at that time.

3. On April 30, 2009, the Defendant stated that “Around April 30, 2009, the Defendant would lend 3.9 million won to the victim with interest rate of 2.5% per month, and to repay all borrowed money to the victim.”

However, at the time, the Defendant did not have any intent or ability to repay the money borrowed from the victim, such as the interest that the Defendant promised to pay to the victim for the foregoing reasons.

As above, the Defendant, by deceiving the victim, obtained 3.9 million won from the victim at that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A complaint;

1. Previous convictions: Criminal history records, references (A), judgments of the same case against the suspect who has reported an investigation, and the confirmation date of the judgment;

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