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(영문) 인천지방법원 2014.01.07 2013고단3564
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. On October 12, 2012, the Defendant stated that “The Defendant would receive money borrowed from the Defendant to 3 million won prior to the closing of the bank because she was a frighter to participate in a campaign,” at the C’s rest area of the Sonan Highway in the Jinyang-gun, Goyang-gun, Goyangyang-gun, Goyang-ri, and that “The Defendant would receive money borrowed from the Defendant to fright-gu after the end of the bank.”

However, the Defendant did not have the intent and ability to repay the borrowed amount to the victim due to no special income, even though the Defendant had experienced financial difficulties, such as the application for voluntary auction against the D Building No. 402, Nam-gu, Incheon Metropolitan City.

As above, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the Agricultural Cooperative Account in the name of the Defendant under the name of the victim as a loan.

2. On November 8, 201 of the same year, the Defendant stated that “The Defendant would receive money from the Plaintiff or to repay E apartment by selling or selling E apartment, if he/she borrowed KRW 32 million from the Plaintiff to the Plaintiff at a piracy restaurant located in Bupyeong-gu Incheon Metropolitan Bupyeong-gu.”

However, the defendant did not have the intent and ability to repay the borrowed money to the victim for the same reason as the preceding paragraph.

The Defendant, by deceiving the victim as above, received KRW 32 million from the victim to the Agricultural Cooperative Account in the name of the Defendant under the name of the victim as a loan.

As a result, the Defendant, by deceiving the victim, received a total of KRW 35 million over twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the transfer certificate, copy of text message, and detailed statement of account transactions;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act:

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