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(영문) 제주지방법원 2019.10.10 2019고단1572
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around March 2018, the Defendant borrowed an amount of KRW 20 million from a person who intends to engage in hotel accommodation brokerage business of Chinese tourists, which has been induced through a travel agency, in the situation that the Defendant, around March 2018, around Jeju-si, bears a debt equivalent to KRW 40 million due to bank loan, etc. from around 2012, but the Defendant borrowed KRW 20 million from a person who wants to engage in hotel accommodation brokerage business of Chinese tourists. However, according to the fact that the attraction of Chinese tourists is not properly achieved, the Defendant did not have the intent or ability to normally repay the above debt even if he borrowed the money. However, even if he borrowed the money, he did not have the intent or ability to normally repay it. However, it is difficult for the victim to view that the property is many, but there is no cash. The cash is needed for the travel business, but it is returned to the Plaintiff at around 300,000 won and the end of August. 26, 2018.

Accordingly, the defendant deceivings the victim as above and acquired 110 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The head of a complaint, receipt, each text message photograph, loan certificate, photograph, business organization, content certificate, response to a statement of contents certification, investigation report (Attachment to photographs submitted by a complainant), investigation report, details of account transactions, credit rating information, etc., and the application of Acts and subordinate statutes on requests for provision and replies;

1. The crime of this case with the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing the choice of imprisonment for the crime of this case is that the crime of this case is stolen under the name of the loan, and the nature of the crime is not less than that of the crime, and the defendant has several records of punishment including two times the suspended sentence of imprisonment with prison labor due to fraud, and the defendant was unable to agree with the victim, and the damage is recovered.

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