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(영문) 인천지방법원 2018.01.25 2017고단4132
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2017 Highest 4132"

1. From May 7, 2013 to December 7, 2015, the Defendant: (a) around March 30, 2015, the Defendant borrowed the victim’s money to purchase the G tea located in the F market from the Eline of the Victim D Operation in Seo-gu Incheon, Seo-gu, Incheon; (b) KRW 700,000 per month; and (c) the principal will be given up to September 29, 2015.

“False speech” was made.

However, even if the defendant received money from the injured party, he/she was expected to repay the existing obligation, and he/she was liable for the obligation of several million won, and thus, he/she did not have any intent or ability to repay interest and principal to the injured party due to poor financial standing.

The Defendant received KRW 10 million from the damaged party to the account in H’s name on the same day.

In addition, the Defendant, from May 7, 2013 to December 7, 2015, acquired 139 million won from the victims, as shown in the list of crimes in attached Form 22 times from around 2013 to around 7, 2015.

"2017 Highest 4937"

2. On July 31, 2015, around July 31, 2015, the criminal defendant against the victim J loaned KRW 5 million to the victim J in Seo-gu Incheon, Seo-gu, Incheon around July 31, 2015, he/she would pay up until October 30, 2015.

was made.

However, the defendant did not have the intention or ability to repay even if he borrowed money from the injured party due to lack of financial ability.

Nevertheless, the defendant acquired 5 million won from the victim of the same day and acquired it by fraud.

3. On August 17, 2015, the Defendant, against the Victim J, obtained the victim’s consent to sale from the victim M in the Lda located in the Seo-gu Incheon, Seo-gu, Incheon on August 17, 2015, and sold it to the victim. Accordingly, the Defendant changed KRW 2 million as the down payment.

However, there was no fact that M did not sell the above Lives.

The defendant deceivings the victim as above and obtained 200,000 won from the victim to receive 2 million won on the same day.

Summary of Evidence

Each fact of the judgment 1 [2017 Highest 4132]

1. The defendant's person;

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