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(영문) 인천지방법원 2018.05.31 2017고단8376
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant, at a restaurant in the Jung-gu, Incheon Metropolitan City, Jung-gu around October 2013, would provide the victim C with a loan of money to the victim C when it is necessary to pay the money at any time when he/she lends money.

“A false representation was made.”

However, at the time of the fact, the Defendant, in the form of “free return” in which there was no particular income or property, lent money from another person, and the Defendant was willing to use the money from the damaged person as a cost of living or repay personal debts, and thus, there was no intention or ability to repay the money even if he borrowed money from the damaged person.

Nevertheless, the Defendant received 4.5 million won from the injured party as the borrowed money.

2. On March 2014, the Defendant cannot pay the victim the amount of money borrowed from the Sindoe to the Sindoe, and it is difficult for the Defendant to pay the amount to the Sindoe.

It shall be paid immediately from the loan of money.

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

However, at the time, the Defendant, in the form of “to stop a return” due to the absence of any particular income or property, lent money from another person. As such, the Defendant was willing to receive money from the damaged person and invest in the Defendant’s mistake, so even if he borrowed money from the damaged person, there was no intention or ability to pay the money.

Nevertheless, the Defendant received 7.5 million won from the injured party as the borrowed money.

3. On July 2015, the Defendant has the victim use the money to pay money to the victim.

It is expected that all of the loans have been repaid even if they have been borrowed with money.

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

However, at the time of fact, the Defendant borrowed money from another person in the form of “free return” due to the absence of any particular income or property, and the Defendant received money from the injured party.

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