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(영문) 인천지방법원 부천지원 2013.06.27 2012고단410
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant operated a manufacturer and printing company of plastic products in the name of “E” in the name of the former wife D prior to the divorceed in Seocheon-si, Nowon-gu, Seoul, the Defendant was in charge of the manufacture of plastic products and the sales company, but there was an amount equivalent to KRW 9 million of factory rent for three months due to the management depression, and KRW 5 million of the electric power fee for two months and KRW 5 million for the factory machinery, etc., such as shooting machines, etc., the Defendant did not have any intent or ability to repay the borrowed money or pay the card price, even if he borrowed money from the other, or borrowed the card from the other, even if he borrowed money or used the card to pay the card price.

1. On March 20, 2009, the Defendant told the victim G at the above E plant that “If the factory operation fund is insufficient and the money is lent by opening a passbook, the Defendant would repay the money around March 20, 201, which is the expiration date of the passbook contract.”

However, the above facts did not have the intent or ability to repay even if they borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the foreign exchange bank passbook in the above D name on the same day, and subsequently, acquired the total of KRW 28,800,000 through seven times from November 29, 2010, as shown in the attached list of crimes (1).

2. Around April 2009, the Defendant told the above victim at the above E plant that “I would not enter materials to make payments to the business. If a card is lent, the monthly card payment will be made.”

However, at the time of fact, the defendant did not have the intent or ability to settle the price even if he used the credit card of the victim.

As such, the Defendant, by deceiving the victim, received modern cards owned by the victim from the victim, and received loan of general small amount equivalent to KRW 2,300,000 from the victim, taking hand-on on July 26, 2010 to the Handphones, etc. from the victim, and up to April 26, 2011, 10 times in total, 10 times, as shown in the List of Offenses (2).

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