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(영문) 인천지방법원 2017.02.09 2016고단8381
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

1. On October 20, 2015, the criminal defendant against the victim C was at the office of “E” in which the defendant located in the D3rd floor in Kimpo-si, Kimpo-si, Kimpo-si, the defendant loans the victim C with the term “E to lend this money,” and the F may not lend money to the victim C in lieu of lending the money. There is a construction cost to be received from the customer, and the payment was made in fraudulent manner.

However, the defendant did not have any intention or ability to pay the personal debt amounting to KRW 200 million due to the unreasonable expansion of the business, and even if he borrowed the money from the damaged party due to the need to pay the debt amounting to KRW 100 million due to the relocation project and the operating expenses of every month.

Nevertheless, as such, deceiving the victim and receiving KRW 20 million from the victim to the G account designated by the defendant, and from around that time to March 29, 2016, 175,650,000 as shown in the separate crime list was remitted from the victim to the victim, and acquired it by deceiving the victim.

2. On April 2016, the Defendant against the victim H may view the difference between the market price by constructing a new building and selling a new building to the victim H at the “J” coffee shop located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon.

If there is no money for a new construction for three months, it should first be invested in 10 million won and then be additionally invested in 10 million won with a loan later.

When completion is completed after three months, 24 million won including principal shall be paid with investment profits.

“Finally false.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the damaged person due to the circumstances such as the statement in the preceding paragraph.

Nevertheless, the Defendant, as such, by deceiving the victim and receiving from the victim, the amount of KRW 10 million from April 5, 2016 to the account under the name of G designated by the Defendant, and KRW 10 million from the 12.1 million of the same month.

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