(영문) 인천지방법원 2015.10.28 2015고단5725

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(영문) 인천지방법원 2015.10.28 2015고단5725

사기

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 14, 2009, the Defendant told the victim B to “I will pay interest on two occasions a month and six months after the loan of money,” from the knife collection in which the trade name in the local-gu Jung-gu, Daegu-gu is unknown.”

However, in fact, the defendant did not have any special property other than the income of KRW 1.2 million per month at the time, on the other hand, since it is difficult for the defendant to repay the above income with the debt of KRW 70,000 per month, and even if he borrowed money from the victim, he did not have any intention or ability to pay the interest.

The Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the account in the name of the Defendant on the same day, and received KRW 30 million in total from the victim on December 17 of the same year, including three copies of KRW 1,00,000 check and seven million in cash.

2. On May 30, 201, the Defendant told the victim C to “on the 30th of May, 2011, if the Defendant loaned KRW 10 million to the victim, it shall be paid with the principal and interest together on the 30th of each month.”

However, there was no intention or ability to pay money to the victim as stated in the preceding paragraph.

The Defendant received KRW 10 million from the victim on the same day.

3. On September 6, 2011, the Defendant told the victim D to “I will give the principal and interest after three months if I lend 500,000 won to I who will send money to South Korea.”

However, there was no intention or ability to repay money to the victim because of the excessive debt to the extent that the individual rehabilitation is requested on August 2011.

The Defendant received KRW 5 million from the victim on the same day.

Accordingly, the defendant was provided property by deceiving victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against B, C, and D;

1. Acts and subordinate statutes, such as a complaint, copy of the passbook, a copy of the performance note, and a copy of the loan certificate.

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