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(영문) 인천지방법원 2014.07.10 2013고단6505
사기
Text

A defendant shall be punished by imprisonment for one year.

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

1. On December 20, 2010, the criminal defendant against the victim C made a false statement to the victim C at a E-cafeteria located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, stating that “A person shall have to have the payment of a credit by mistake, but if a person lends KRW 2 million, he/she shall give three (3) interest, and shall have the payment of the time limit for a credit.”

However, in fact, even though the Defendant did not have any special property and served as a restaurant employee each month, there was an interest equivalent to KRW 1 million every month, and there was an interest rate of KRW 10 million in the remaining debt, but there was an increase in the amount of debt since the Defendant continued to lend money from the surrounding persons to pay the debt, and the amount borrowed from the victim was also planned to use the money borrowed from the victim to pay the debt, so there was no intention or ability to pay the debt even if he borrowed money from the victim.

Nevertheless, from around that time to May 2012, the Defendant received a total of KRW 15 million from the victim, as shown in attached Table 1, to seven times.

2. On June 24, 2011, the Defendant: (a) falsely stated that “If the Defendant borrowed three million won to the victim F with five interest rates, he/she would have to repay the amount of a meal service after one month to the restaurant pay or pay the amount of a meal.”

However, in fact, the Defendant was paying interest equivalent to three million won per month without any special property, and continued to use the money in repayment of the debt from the surrounding persons, and the amount of the debt increased. Since the borrowed money was planned to use the borrowed money to repay the debt, the Defendant did not have any intention or ability to pay the money even if he borrowed money from the victim.

Nevertheless, from around that time to May 15, 2012, the Defendant received a total of 34 million won from the victim, as shown in attached Table 2, over a total of 23 times, as shown in attached Table 2.

3. The Defendant who committed fraud against the Victim H shall be the Southern-gu Incheon on August 1, 201.

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