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(영문) 인천지방법원 2018.07.04 2017고단8538
사기
Text

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

Reasons

Punishment of the crime

The defendant around May 1, 2014, at the victim F office located in Gwanak-gu in Seoul Special Metropolitan City E and 1410.

In order to make the number system join, it shall be paid in good faith.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have any particular property, and since 2000, when he was admitted to the fraternity operated by the injured party as the bad credit holder and was paid the fraternity, he thought that he would prevent the return of the fraternity by the method of paying the other fraternity in the same amount, and there was no intention or ability to pay the fraternity normally.

Nevertheless, the Defendant: (a) by deceiving the victim as above, subscribed to three teams of the number of the victim’s operation; (b) was paid KRW 50 million around June 2, 2014 from the victim; and (c) KRW 54,80,000 around January 2, 2015 from the victim.

In addition, the Defendant received total of KRW 5470,000,000 from June 2, 2014 to February 9, 2015, as shown in the list of crimes in the attached Table, from around 18 to around 18 times.

Accordingly, the defendant deceivings the victim over 18 times and received property from the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to F;

1. Accounting books and written confirmation;

1. According to the following circumstances, according to the account transaction details (suspects) (the evidence duly adopted and examined by this Court, the Defendant, as stated in the judgment, by deceiving the victim at least on the intent and ability to pay in advance, and by deceiving the victim at least on an intentional basis, as stated in the judgment:

It is reasonable to view it.

① In the prosecutorial investigation, the Defendant: (a) from around 2000 to the point of credit guarantee; (b) filed a petition for bankruptcy in 201 due to debts exceeding KRW 100 million; and (c) stated to the effect that he/she was subject to a decision on bankruptcy or exemption from liability on November 20, 2014.

(2) The defendant shall, in the course of prosecutorial investigation, be engaged in the promotion of friendship in 2014.

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