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(영문) 인천지방법원 2013.12.12 2013고단7320
사기
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The defendant did not have any particular occupation as a person with bad credit standing, and was unable to repay his debt with borrowed money from many people, and even if he borrowed money from the victims, he did not have any intent and ability to repay it.

1. On September 28, 2010, the criminal defendant against the victim C told the victim C to have a telephone from the Seoul Special Metropolitan City Council member, Gyeonggi-do, and provided that “I will complete payment without any molding one month after the loan of KRW 1 million as the Latn Hospital cost is deficient.”

However, even if the defendant borrowed money from the victim, he did not have the intent and ability to use it at the hospital expense or to repay it.

Accordingly, the Defendant, as seen above, by deceiving the victim as above, received KRW 73,850,000 from Sep. 28, 2010 to Jun. 3, 2011, under the name of the victim, one million won from Sep. 28, 2010 to the Defendant’s Dong’s account under the name of Dong-in, and received from the victim as the borrowed money, and received the remittance of KRW 73,850,000 in total from Sept. 28, 201 to Jun. 3, 201

2. On April 201, the Defendant: (a) called, “The Victim E, from the Seocho-gu Seoul Special Metropolitan City Council member, the victim E by telephone, saying, “The 500 square meters per month, if the Defendant borrowed KRW 10 million,000,000,000,000 per month; and (b) the Defendant would pay KRW 10,000,000 after six months from the three months to the six months.” (b) the Defendant would sell and sell the NAS vehicle if he/she fails to pay the money up to the six months.”

However, even if the defendant borrowed money from the victim, the defendant did not have the intent and ability to repay it.

Accordingly, the Defendant, as seen above, received KRW 15,50,000 from April 6, 201 to June 3, 2011, such as deceiving the victim and receiving KRW 9 million from the victim to the above account on April 6, 2011, as shown in attached Table 2, from April 6, 2011 to June 3, 201, transferred KRW 15,50,000 as borrowed money.

3. On September 28, 2010, the Defendant against the victim F was called “the victim F at the Seoul Special Metropolitan City, Gwangju Special Self-Governing Province.”

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