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(영문) 인천지방법원 부천지원 2014.08.08 2014고단1306
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An application for remedy by an applicant for remedy shall be dismissed respectively.

Reasons

Punishment of the crime

1. Crimes against victims C;

A. On June 2007, the Defendant concluded a false statement to the “F” legal entity that was operated by the victim, who was aware of the Pyeongtaek-gu, Seocheon-si E located in Seocheon-gu, Seocheon-si, with the purport that “G in the same way runs the UN Entertainment office in front of Hong River,” and that “if the lease deposit is insufficient, it shall be repaid against the Defendant if it is lent KRW 30 million.”

However, in fact, the Defendant had no particular income or assets at the time, and had a debt of several million won, had been in bad credit standing, and had extremely poor prospects for the business that the G intended to borrow the above money from the victim, and there was no intention or ability to repay it in time.

Nevertheless, the Defendant deceivings the victim as above, and received 30 million won from the victim to the account in the name of unsound name designated by the said G around that time.

B. On June 2009, the Defendant made a false statement to the effect that “The Defendant would repay the amount of money that he borrowed before doing funeral to the victim, if he/she borrowed to the Defendant, with a security deposit of 15 million won more than the amount of money that he/she borrowed from the funeral.”

However, in addition to the above circumstances, the Defendant was unable to borrow all the money necessary to borrow a restaurant, and thus, it was difficult for the Defendant to pay the interest with the profits, and there was no intention or ability to pay the interest at once, even if he borrowed the money from the victim.

Nevertheless, the defendant deceivings the victim as above and received 15 million won in cash from the victim, i.e., the victim.

C. Around September 2009, the Defendant stated to the effect that “If the operating expenses of the restaurant are not sufficient, 10 million won will be loaned to the victim, the Defendant would be repaid to the money borrowed before the funeral service was rendered.”

However, for the foregoing reasons, the Defendant, even if borrowing the above money from the victim, wishes to repay it in time.

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