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(영문) 인천지방법원 2012.12.11 2012고단9889
사기
Text

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

Reasons

Punishment of the crime

On July 18, 2012, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Incheon District Court for embezzlement, and the said judgment became final and conclusive on July 26, 2012.

1. On December 20, 2010, the Defendant committed the crime against the victim C, which was known through the automobile club at the “E” office of the automobile parts agency in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, that the Defendant had been operating by the Defendant, saying, “No money is sufficient to bring the present place of business to a larger place. If the place of business is wide, the Defendant can obtain an alternative loan from the State, but the money is short of money at the present time.”

However, the Defendant had the intent to use the money for both personal purposes, not to expand the place of business, by using the money from the victim. There was no attempt to obtain a loan, and intended not to repay the money unilaterally after borrowing the money with the victim’s friendship. At the time, there was no special property or income at the time, and there was no intention or ability to repay the borrowed money.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 4.6 million from the victim on December 24, 2010, and KRW 2.6 million from December 30, 2010 to the Agricultural Cooperative Account in the name of F, an employee, respectively.

2. The Defendant committed a crime against Victim G is a person who has a family by giving birth to a child around November 6, 2008, after reporting the marriage with H on November 6, 2008 and around May 11, 201.

Around May 2009, the Defendant began to meet the Victim G with the victim G and had no spouse or child, and had the victim pretended as he/she had the intention to marry with the victim, and had the victim trusted and acquired the money by fraud.

Around May 26, 2009, the Defendant made a false statement to the victim who trusted the Defendant by telephone, stating that “The Defendant shall pay the price of the goods at KRW 1 million if he/she sent the price of the goods at KRW 1 million to him/her.”

However, the Defendant has such wife and children as above.

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