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(영문) 인천지방법원 2018.02.08 2017고단8341
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. In November 2016, the Defendant committed a crime in the middle of November 2016, the Defendant, in a mutual infinite restaurant located in Gyeyang-gu Incheon, was playing money to the victims B from his age clubs.

If you lend money to B, 10% interest of the principal shall be paid on the 10th of the following month, and the principal shall be paid three months after the following month.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant thought that he would use the above borrowed money as liquor payments, personal living expenses, etc., even if he borrowed money from the damaged party due to no particular property or fixed income, he did not have the intention or ability to pay the principal more than 10 copies of the principal every month, and to pay the principal more than 3 months.

As above, the defendant deceivings the victim and deceivings him from the victim on the 30th of the same month, 3 million won in the NongHyup Bank account under the name of the defendant on the 30th of the same month, 1.5 million won in the above account on December 5 of the same year, 500,000 won in the above account on March 2, 2017, and 5.5 million won in the above account

6. The said account was remitted to KRW 2 million in total and KRW 12 million.

2. On April 11, 2017, the Defendant, at the place described in paragraph 1, around April 11, 2017, made an investment in the victim B in lending KRW 5 million to the victim B, thereby making an investment in relay to the Internet and paying the principal.

“A false statement was made to the effect that it was “.”

However, in fact, the defendant thought that he would use the above borrowed money for his own expenses, and even if he borrowed money from the damaged party due to no particular property or fixed income, he did not have any intention or ability to pay the principal by paying ten-one-one interest for each month.

The defendant deceivings the victim as above and transferred KRW 5 million to the Nonghyup Bank account in the name of the defendant as stated in paragraph (1) of the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to investment contracts and detailed statement of deposit transactions;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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