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(영문) 인천지방법원 부천지원 2012.12.27 2012고단1433
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On April 2, 2008, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Southern District Court on July 5, 2008 and completed the execution of the sentence at the Seoul Southern Southern District Court on July 5, 2008.

【Criminal Facts】

The Defendant acquired a total of KRW 150 million from the victim as follows. A.

On October 7, 2010, 2010, 100 million won defraudation Defendant made a false statement to the victim E that “I will pay for the principal and interest after one month if I lend the tobacco strawing money.”

However, there was no intention or ability to repay the amount even if the Defendant borrowed money from the victim because the tobacco business, which the Defendant invested in F, did not proceed any more than KRW 700,000,000 and did not proceed more than 700,000, and it was not possible to get profits from tobacco business.

Nevertheless, on October 7, 2010, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim, transferred KRW 50 million to the new bank account in the name of G to the Defendant’s mother on October 7, 2010; and (c) KRW 50 million to the said account on October 25, 2010.

B. On November 1, 2010, the Defendant shall sell tobacco to the victim within three days from the above gas station to KRW 4.5 million, including the principal and interest amount of KRW 50 million that was previously lent to the victim.

The phrase “the expression was false.”

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

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim around November 1, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Some of the interrogation records of the accused by the prosecution;

1.F.

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