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(영문) 인천지방법원 부천지원 2019.09.06 2019고단152
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant came to know through the victim B and the fraternity group.

In fact, the Defendant was able to use money from the victim for gambling or for repayment of any loan incurred by gambling. At the time, the Defendant had no intention or ability to repay money from financial institutions and individuals to reach at least KRW 100 million and no fixed income exists, and even if the Defendant borrowed money from the victim due to no fixed income.

1. Nevertheless, the Defendant, on January 26, 2018, received money from the victim to a bank account in the name of the Defendant on the following grounds: “The Defendant, on the grounds that “I would pay off money to the victim, if I need to pay money for the business of convenience in South and North Korea,” and then, he/she received money from the victim on January 26, 2018.

2. On April 19, 2018, the Defendant received money from the victim to a bank account in the name of the Defendant on the same day, and acquired money from the victim on a false basis, stating that “The Defendant would repay money to one month with the money borrowed before lending five million won or more to the bank account in the name of the Defendant on the same day.”

3. On May 14, 2018, the Defendant: “Around the same day, the Defendant borrowed money from the victim to a bank account in the name of the Defendant on the same day, and acquired money from the victim on the same day.” In short, the Defendant acquired money from the victim to a bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, D, E, and F;

1. The police statement concerning B;

1. A detailed statement of complaint, each loan certificate, and withdrawal and trading;

1. The purpose and purpose of the loan, the repayment agreement date, which the defendant explained to the victim at the time of the loan, in light of the investigation report (report on filing of records of transactions in the account of the suspect Cbank), the statement of account transactions (A), the results of the investigation (data on payment of interest of the suspect, and the submission of documents on application

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