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(영문) 인천지방법원 2012.08.29 2012고단5636
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a period of eight months.

Defendant E, Defendant A, 110,00.

Reasons

Punishment of the crime

1. Defendant A joined a F club, which is a private club organized by the community community life-sustaining members, and accumulated friendly ties with its members, and used money to borrow money, and entered a F club and entered it in a meeting with the victim E, which is the motive for participation.

Defendant

A around 15:00 on September 28, 2010, at the H Hospital Health Promotion Center of the 8th floor working for the victim in the Nam-gu Incheon Metropolitan City, the victim made a false statement to the victim, stating that “The victim is able to repay the borrowed money at any time if the victim requests repayment.”

However, the defendant did not have any intention or ability to repay the above even if he borrowed money without certain income or particular property.

Around September 29, 2010, the Defendant received KRW 50 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife B and acquired it by defrauded.

2. The Defendants planned to borrow money from the victim and not to pay the money, and Defendant B found in the 13th diagnosis room of the above hospital where the victim works on May 18, 2011 at the victim’s 16:00, and caused the victim to pay the down payment and penalty for the apartment because the former owner would not pay the purchase price of the apartment. If the former owner borrowed 60 million won, he would have borrowed 50 million won and repaid 50 million won before processing the apartment after normalizing the apartment.

Around May 19, 2011, the Defendant met the victim suspected of the end of B, stating that “I need to pay 60 million won or more,” and if I borrowed money, I would like to have the intent and ability to repay the borrowed money immediately.”

However, Defendant A did not have certain income or assets.

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