(영문) 인천지방법원 2018.01.25 2017고단8939

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.01.25 2017고단8939

사기

Text

A defendant shall be punished by imprisonment for four 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. On February 16, 2015, the criminal defendant against the victim B told the victim B to pay interest on the monthly rent deposit amounting to KRW 15 million and immediately pay the deposit money on the loan of KRW 15 million.

However, in fact, Bupyeong-gu Incheon Metropolitan City, where the defendant was living, there was no deposit to receive the return of the deposit due to the lack of the contract of the deposit under the name of the defendant or the payment of the deposit of the deposit of the deposit of the deposit, and there was no intention or ability to pay the deposit even if

The Defendant: (a) by deceiving the victim as above; (b) received KRW 1,00,000,000 in cash from the victim of the damage; (c) received KRW 1,1,000 from the account in the name of the Defendant around February 27, 2015; and (d) received KRW 3,100,000 from the same account around March 2, 2015; and (c) received KRW 3,15,100,000 from the same account on three occasions on the same day.

2. On May 19, 2015, the criminal defendant against the victim D calls to the victim D to pay KRW 3 million to B, while he/she had a set of deposit money equivalent to KRW 65 million in his/her face value and he/she is unable to receive a security deposit because he/she did not have a set of deposit money, and he/she must pay KRW 3 million to B immediately.

On July 2015, 2015, 8 million won was loaned, 'the deposit of the previous tax shall be refunded and repaid'.

However, the defendant did not have any deposit prior to the return as stated in paragraph 1, and even if he borrowed money from the injured party, he did not have any intention or ability to pay it.

The Defendant, as such, by deceiving the victim, received KRW 8 million in cash from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Application of the detailed statement of deposit transactions and details of passbook transactions Acts and subordinate statutes;

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

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