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(영문) 인천지방법원 2015.01.30 2014고단7155
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 30, 2011, the Defendant made a false statement to the effect that “The Defendant would repay money one month after lending KRW 6 million to the victim D,” from the PC room where the name operated by the Defendant in Seo-gu Incheon, Incheon, could not be known.”

However, since the defendant did not have any specific assets, and did not borrow money from the victim before it, even if he borrowed money from the victim, he did not have any intent or ability to repay it after the month as agreed to by the victim.

Nevertheless, the Defendant received 6 million won as a loan from the victim, i.e., the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 17, 2012, around April 17, 2012, the Defendant made a false statement to the effect that “The Defendant will repay KRW 10 million after one month, if he/she lends funds necessary for the PC banking business,” at the F coffee specialty store located in Nam-gu Incheon Metropolitan City E.

However, since the defendant did not have any specific assets, and did not borrow money from the victim before it, even if he borrowed money from the victim, he did not have any intent or ability to repay it after the month as agreed to by the victim.

Nevertheless, the Defendant received 10 million won as a loan from the victim, i.e., the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on a complaint and a loan certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act:

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