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(영문) 인천지방법원 부천지원 2018.04.20 2017고단2976
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. On October 30, 2015, the Defendant found in E located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul, which is operated by the victim C, and, “Abrely, there is no money to buy oil, so that only KRW 10 million can be leased, and the Defendant would have paid off only one month.

The phrase “ makes a false statement.”

However, the defendant did not have any particular income at the time, while the credit card company and the lending company had a debt of KRW 50,000,000,000 to the loan company, and repayment of the loan from the lending company was made in the form of a refund of the loan, and the oil payment for the existing oil purchaser was not paid properly, so there was no intention or ability to repay even if he borrowed money from the damaged person.

The Defendant received 9.5 million won from the injured party to the National Bank account in the name of F, a non-party F, in the name of the same day as the borrowed money.

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

2. On February 29, 2016, the Defendant called the victim at an insular place, and received the leave from H in order to implement redevelopment projects in effect.

In order to supply the oil to H, the amount of 170 million won is to be lent to the Corporation, and 50% of the profit from the loan of the money is to be paid as interest and the principal is to be paid at the end of each month since the three months after the payment of the money to H.

The phrase “ makes a false statement.”

However, as provided in Paragraph 1, the Defendant was liable for the amount of approximately KRW 50 million at the time, and the amount of oil for the existing oil buyer was not fully repaid. Therefore, even if the Defendant supplied the oil to H and received the payment, it did not have any intent or ability to repay the borrowed amount to the victim.

The Defendant, on February 29, 2016, KRW 20 million and the same year, from the damaged person, under the pretext of a loan.

3.2.15 million won, and the same year.

3. 23.4,16 million won, and the same year.

4. 29.2 million won, and the same year.

5. 14.2.

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