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(영문) 인천지방법원 2020.02.14 2019고단7928
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around July 2016, the Defendant made a false statement to the victim V, who was aware of it at the X week located in Nam-gu Incheon Metropolitan City W, stating that “In order to operate a logistics business at his father company, the Defendant supplied consumed materials to the factory and paid profits. When investing money, the Defendant would pay 8-10% of the principal amount.”

However, in fact, even if the Defendant borrowed money from the victim without any particular financial resources, he merely intended to use it for return such as repayment of the existing loan or living expenses, etc., and did not have the intent or ability to pay the agreed principal and interest to the victim through normal supply business.

Around July 11, 2016, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim via the account (Y) in the name of the Defendant, as well as from February 21, 2018, “165,700,000 won as stated in the indictment in the total of KRW 173,77 million from February 21, 2018,” is obvious that the Defendant is a clerical error, and the Defendant does not dispute the contents of the attached crime list (Y) and thus, is corrected ex officio.

the transfer and acquisition of property benefits.

2. Around April 17, 2017, the defrauded of the Victim Z said, the Defendant called “a victim Z who was known to the ordinary place in the Defendant’s residence in the Michuhol-gu Incheon, Michuhol-gu, Incheon, by telephone and received approximately KRW 15% profits from the supply business. If a new place of supply exists, the Defendant would pay interest of KRW 1,30,000 per month.”

However, in fact, even if the Defendant borrowed money from the victim without any particular financial resources, he merely intended to use it for return such as repayment of the existing loan or living expenses, etc., and did not have the intent or ability to pay the agreed principal and interest to the victim through normal supply business.

The Defendant above.

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