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(영문) 인천지방법원 부천지원 2019.08.23 2019고단762
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 14, 2016, the Defendant, against the victim B, told the victim “D” restaurant where the victim B works on the first floor of the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, that “I will immediately repay if I lend money to the victim immediately to operate the store.”

However, in fact, the defendant was thought to use money from the victim for an illegal sports entertainment by borrowing money from the victim, and since the defendant was in arrears with a loan from various financial institutions at the time, there was no intention or ability to repay money from the victim.

Nevertheless, as seen above, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the E bank account under the name of the Defendant, and received KRW 3,634,00,000 from that time to December 19, 2016 in total from that time, as shown in the List of Crimes No. 1, and received KRW 22,634,00 from that time.

2. On September 30, 2017, the criminal defendant against the victim F stated, “The victim F will pay off the amount if he/she lends 10 million won to the victim, as he/she is urgently required to get off and pay off the amount,” from the “H share,” worked by the victim F of the victim F in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City.”

However, even if the Defendant borrowed the money from the victim as described in the above "1.1.", the Defendant, as above, by deceiving the victim as above, received KRW 10 million from the victim to the I Account in the name of the Defendant on the same day, and received KRW 10 million from November 24, 2017 as stated in the attached Table 2, and received KRW 1,80,000 as a total of four occasions of loan from the victim until November 24, 2017.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement concerning B and F;

1. Each loan certificate, a detailed statement of entry and exit transactions, a detailed statement of personal financial transactions, a statement of account transactions in E bank accounts, and a I account transaction statement;

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