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(영문) 인천지방법원 2020.08.27 2019고단8552
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant operated the “C” on the first floor of the Incheon Bupyeong-gu B commercial building, and was assigned ERS (emergency operation and towing at the traffic accident site) by an insurance company, and was concurrently engaged in the business. The Defendant visited the Do Bank E-Financial Center to obtain a loan for the lease of the lease fund around February 2010, and became a friendship after becoming aware of the victim F working at that place.

On November 2013, the Defendant stated that “H” in the G G Subdivision located in Seocheon-si, Seocheon-do, Gyeonggi-do, the Defendant sought to operate a siren business by expanding its business to the Bupyeong-si branch of Irenk, and if the Defendant conducted the business, he may collect money from the vehicle rental car through the car rental car, and 30% of the vehicle price should be first included in the deposit, and if the money was to be paid from Irenk, 30% of the vehicle price should be used as a siren deposit if the money was to be paid to the lender, and not only returning the principal at the time of the completion of the siren business, but also up to now, the net operating profit of the amount of 10 rental cars per month.”

However, from around 2013, the Defendant was faced with the casino gambling in K in Gangwon-do, and most of the money to be received from the victim was planned to use as the gambling fund, and since most of the earnings from the cryping through the vehicle maintenance and siren business were fryed with the gambling fund, there was no intention or ability to return the principal to the victim.

Nevertheless, the Defendant, by deceiving the victim on such false statement as above, received KRW 10 million from the victim to the L association account (M) under the name of the Defendant on December 9, 2013, and received KRW 395 million in total from December 30, 2016, from that time to December 30, 2016.

Accordingly, the defendant acquired the money from the above victim as a siren vehicle deposit.

Summary of Evidence

1. The court of the defendant;

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