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(영문) 인천지방법원 부천지원 2019.02.14 2018고단1159
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Fraud against the victim B;

A. On Nov. 1, 2016, the Defendant: (a) rendered a non-permanent certified judicial scrivener office located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu, that the Defendant was able to obtain a loan under the name of the victim B by acquiring a corporation under the name of the victim; (b) required to approve the corporate tax; (c) requested the establishment of a credit card under the name of the victim and the name of the corporation; (d) received a loan under the name of the victim; and (e) had the credit card used for paying

However, the defendant could not get a loan to the victim because he did not engage in any work related to the loan, and was thought to be used for personal use by receiving credit cards from the victim.

From around that time to January 2017, the Defendant received six credit cards from the victim’s name and three credit cards in the name of the victim and Co., Ltd. from the victim to September 25, 2017, and used a total of KRW 218,567,643, and did not pay KRW 47,867,156.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

B. Around June 21, 2017, the Defendant took an attitude that “The Defendant would repay the borrowed money to the Chinese side after lending the money to the victim,” at a mutually infinite coffee shop near the calendar station located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

However, in fact, the defendant thought that he will lend his personal debt from the victim, did not engage in the business related to China, and did not have the ability or intention to repay the borrowed money.

Around June 22, 2017, the Defendant received KRW 10 million from a victim to a bank account under the name of the Defendant.

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

C. On October 16, 2017, the Defendant is the victim at the home of the Defendant of the Bupyeongcheon-si E apartment F, and the victim.

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