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(영문) 인천지방법원 부천지원 2015.08.28 2015고단1879
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 9, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) at the Jeonju District Court, for a total of two years and four months, and completed the execution of the sentence in the Southern Prison on April 2, 2013.

1. Fraud;

A. On January 20, 2014, the Defendant made a false statement to the effect that “The Defendant would repay KRW 10 million including the principal to one million, including the loan of KRW 9.3 million, to the injured party B, who lent the BM car in the name of the wife C as security.”

However, the Defendant, after borrowing money from the victim, was planning to use the credit card value of KRW 4.8 million, approximately KRW 2 million, and other debts at the time, and was not planning to use them for the mutual consent of relatives, and thus, did not have any intent or ability to complete payment even if the Defendant borrowed money from others.

The Defendant received KRW 9.3 million from the victim to the Agricultural Cooperative (D) account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

B. Around February 15, 2014, the Defendant made a false statement to the effect that “The victim E shall repay 2 million won after 10 days if he/she lends 2 million won as he/she was not good in the house situation,” on the road in front of the Masan Elementary School located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.”

However, as above, the Defendant did not have any intent or ability to repay even if he/she borrowed money from others in the status that he/she was liable to pay approximately KRW 10 million with respect to B and he/she was not fully repaid.

The Defendant received KRW 1.7 million from the victim to the said Agricultural Cooperative Account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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