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(영문) 인천지방법원 2018.10.26 2018고단5695
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[2018 Highest 5695] Defendant on March 2016, 2016, “C” operated by Defendant in Seo-gu Incheon, Seo-gu, Incheon, is now well known to the victim D, and business funds are needed more.

A false statement was made that “The interest shall also be paid after the loan of business funds, and the money shall be paid immediately.”

However, in fact, the Defendant did not run the party platform business, and it was thought that he borrowed money from the damaged party as money for gambling since 2016. Thus, even if he borrowed money from the Defendant, he did not intend to do the party platform business or to pay the borrowed money to the injured party.

On March 3, 2016, the Defendant: (a) by deceiving the victim in such a manner; (b) received 10 million won from the victim to the E bank account in the name of the Defendant on March 3, 2016; and (c) obtained 10 million won from the victim; and (d) obtained 58 times in total from around that time to April 16, 2018, and acquired 56.8 million won from the victim, as stated in the list of crimes in the attached list of crimes.

[2018 Highest 6155] around April 8, 2018, the Defendant is located in Seo-gu Incheon, Seo-gu, Incheon, and the Defendant’s “C” operated by the Defendant, and the Victim G is expected to open a new party room in the original Dong, and it is necessary to test the cost.

In order to lend KRW 20 million to a third party, he/she will give a high-class Qour-gu as a gift and return money after a week.

“.........”

However, in fact, the Defendant did not prepare for the interior works of the new party hall, and there was a debt of approximately KRW 500 million, while there was no certain income or property, so even if he borrowed money from the damaged party, there was no intention or ability to repay it.

On April 9, 2018, the Defendant, by deceiving the victim as such, received a total of KRW 20 million from the E bank account (F) in the name of the Defendant for the purpose of borrowing money from the victim.

Summary of Evidence

1. The defendant's oral statement;

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