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(영문) 인천지방법원 2014.11.27 2014고단5686
사기
Text

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. Around March 3, 2008, the Defendant committed a crime against the victim C, which reads that “E” operated by the victim C in Dongjak-gu Seoul Metropolitan Government D would pay the victim a 2% interest rate per month if he/she lends KRW 10 million to the victim.”

However, the defendant did not have any intention or ability to repay the above money even if he/she borrowed the above money without any special revenue.

The Defendant received respectively from the victim KRW 10 million on the above date, KRW 10 million on May 21, 2008, and KRW 6 million on the same method as around September 24, 2008, and KRW 26 million on the same method.

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

2. Around December 7, 2007, the Defendant committed a crime against the Victim F, stating that “Around December 7, 2007, the Victim F would pay the Victim F interest at the “H” restaurant operated by the Defendant in Dongjak-gu Seoul Metropolitan Government, and pay the Victim F with money without money from October 30, 2008.”

However, the defendant did not have any intention or ability to repay the above money even if he/she borrowed the above money without any special revenue.

The Defendant received respectively from the victim 5 million won in light of the above date, around January 11, 2008, KRW 3 million in the same manner, and around July 2008, KRW 2 million in total, and KRW 10 million in the same manner.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to each loan certificate and standard lease contract;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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