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(영문) 인천지방법원 부천지원 2016.11.09 2016고단2108
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around December 30, 2007, the Defendant made a false statement to the victim F, who was aware of the fact of the introduction of E from the victim F, who was in the vicinity of the Bupyeong-si C Station, that “The Defendant may impose a lot of money on the victim F, because he/she has outstanding skills of funeral services in performing his/her promotional business at home. If he/she lends money to the Defendant, he/she would repay the money well in his/her business and pay interest of 2.5% per month.”

However, in fact, the Defendant did not have any intent or ability to pay the money borrowed from the victim because the management of the private company is difficult and the amount of the money to be paid to the customer is delinquent and the amount of the personal debt is to be paid in full. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the money borrowed from the victim.

Around January 9, 2008, the Defendant received 25 million won from the victim to the national bank account in the name of the Defendant in the name of the third party in the name of the third party in the name of the third party.

The Defendant continued to receive from the victim, in the same manner, KRW 28 million at the location of the heart of the community credit cooperatives in Busan-si on May 23, 2008, KRW 1.5 million at the point of the Southern-si, Busan-si, Agricultural Cooperatives around May 28, 2008, KRW 7 million at the point of the Namcheon-si, Seoul-si, Agricultural Cooperatives around August 15, 2008, and KRW 3870,00 won at the point of the said community credit cooperatives, respectively, around March 31, 2009.

On April 9, 2012, the Defendant continued to receive KRW 15 million from the victim’s overdue wages at a restaurant located near the Seocheon-si subway Station in Seocheon-si, Seocheon-si, the Defendant used the Defendant’s attempt to pay KRW 15 million to the victim’s overdue wages, and used the Defendant’s false intent to pay KRW 15 million from the victim’s overdue wages, and it was transferred from the victim to the said bank account in the name of the Defendant at the Dacheon-si branch of the new bank located in Seocheon-si, Seocheon-si, the amount of KRW 10 million from May 3, 2012 and KRW 5 million from May 25, 2012, respectively.

Accordingly, the defendant deceivings the victim.

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