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(영문) 인천지방법원 2015.04.10 2014고단5081
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 22, 2013, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of fraud in the Western Branch of the Daegu District Court, and the said judgment became final and conclusive on March 22, 2014.

At the time, the Defendant did not have any capacity or intent to repay money even if he borrowed money from the victim C, while he did not have any property such as real estate and deposit, while he did not have any capacity or intent to repay money.

1. Around April 13, 2011, the Defendant did not have a passbook with a balance of KRW 37 million in the Nam-gu Daegu-gu Daegu-gu 1dong. However, even though the Defendant did not have a passbook with a balance of KRW 37 million in the Handphone, the Defendant presented the victim’s photograph indicating that “the Defendant would have a credit card borrowed and paid money in the passbook.” The Defendant acquired profits equivalent to that amount by using the victim’s foreign exchange card, which is the victim’s 4,419,370 won, at the place of the drinking house and the restaurant.”

2. On April 201, the Defendant made a false statement to the victim’s house located in Daegu-gu, Daegu-gu, stating that “one credit card is lent, fladddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

3. On April 19, 201, the Defendant concluded that “A person shall repay 11 million won to the victim” to the victim at the place of default, and received KRW 11 million in cash from the victim’s place of default.

4. On May 201, the Defendant made a false statement to the victim that “I will receive a loan from the capital company without any money, and will complete the loan.” The Defendant made the victim obtain a loan of KRW 2 million from the Hyundai Capital Capital, Inc. and KRW 4.8 million from the BS Capital, respectively, and then received a loan from the victim.

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