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(영문) 인천지방법원 부천지원 2018.07.24 2017고단1891
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 2016, the Defendant against the Victim B: (a) lent money to the Victim B at a mutually influent restaurant located in the Bupyeong-si, Seocheon-si; (b) the Defendant borrowed money from the Victim B; (c) the Defendant would pay interest of KRW 500,000 per KRW 10,000 per month on the loan of money.

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

However, the defendant had no certain income at the time, and has already been liable to the extent that it is difficult to repay the debt in a normal way, so even if he received the money from the victim, he was able to use it according to his own needs due to the repayment of debt or living expenses, and there was no intention or ability to repay the money even if he received the money from the damaged person due to the lack of immediate cash

On April 20, 2016, the Defendant, by deceiving the victim and deceiving the victim, received KRW 20 million from the post office account under the name of the Defendant on April 20, 2016, and acquired KRW 14 million from April 24, 2016 to the C’s account.

2. On June 2016, the Defendant against the victim D had the victim D to use the victim D’s “a person who wishes to obtain the loan,” at the (State) F Office in Bupyeong-si, Bupyeong-si.

A false statement was made to the effect that the payment of ten (10) interest was made, and that the payment of five (5) interest was made.

However, the Defendant did not have certain incomes at the time, and even if he was paid money to the victim due to a situation where it was difficult to repay the money in a normal way, he was thought to use it according to his own needs, such as debt repayment or living expenses, even if he was paid money to the victim, and even if he was given money from the victim because there was no asset that can be immediately commercialized, he did not intend to change

On June 28, 2016, the Defendant deceivings the victim and deceivings the victim, to the post office account in the name of the Defendant on June 28, 2016.

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