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(영문) 인천지방법원 2013.06.19 2013고단1628
사기
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, each fraud listed in [Attachment 1] and 2] is committed.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant received KRW 20,000,000 from the victim, stating that “Around December 2, 2011, the Defendant would promptly repay with the interest, if he/she lends money to a private teaching institute that he/she has become aware of withstanding a private teaching institute operated by the Defendant in Seo-gu Incheon Metropolitan City, Seo-gu.”

However, at the time of fact, the suspect has suffered approximately KRW 200 million of debt without any particular property, and even if borrowed money from the victim, he/she did not have the intent or ability to repay the borrowed money properly, and all borrowed money used it as repayment of personal debt.

Accordingly, the defendant deceivings the victim, such as the sequence 3 in the attached list of crimes, and the defendant acquired the above money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Act concerning the crime, the portion of not guilty of imprisonment

1. The summary of this part of the facts charged, on September 4, 2009, the Defendant was transferred from the victim to the new bank account opened in the name of the Defendant on September 4, 2009, to the victim F, who became aware of the students’ hysium in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon Metropolitan City by stating, “I will make a full payment of the money because he/she has given a demand for his/her debt.”

However, at the time of fact, the suspect has suffered approximately KRW 200 million of debt without any particular property, and even if borrowed money from the victim, he/she did not have the intent or ability to repay the borrowed money properly, and all borrowed money used it as repayment of personal debt.

Accordingly, the Defendant, as seen above, is paid KRW 70,00,000,000 from that time to that time, including deceiving the victim, receiving five million won from the victim, and defrauding it.

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