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(영문) 인천지방법원 2015.04.27 2015고단646
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, victim D, and victim E are members of the "G golf driving range" in the "G golf driving range," which is located in the Yongsan-gu Seoul Metropolitan City, Goyang-si, and they came to know from around 2009.

The Defendant introduced himself as the “196. He was a successful business entity,” and took place as if he had considerable property for the victims, such as joining the external vehicles owned by I as his own.

However, in fact, the Defendant transferred the “J” dan, which was operated around May 2012, and transferred the deposit to L, which is a creditor, and did not have any special property, while the personal debt to M, etc., which is a member of the golf driving range, should be paid more than KRW 15 million per month because it is necessary for the Defendant to pay more than KRW 300,000 per month interest thereto. Therefore, even if the Defendant borrowed money from others, the Defendant did not have any intention or ability to

1. On May 2, 2012, the Defendant concluded that “Around May 2, 2012, the Defendant maintained a friendly relationship with the victim, such as finding in the victim D’s home, gifting clothes, and giving the victim’s children cash, the Defendant stated that “Around May 2, 2012, the Defendant would not collect money from the victim who borrowed money, or would use 100 days to pay KRW 12 million with money if he/she borrowed money.”

However, even if the Defendant borrowed the above money, the Defendant did not have the intent or ability to repay it.

Nevertheless, the Defendant received from the victim the sum of KRW 10 million, i.e., the national bank account (N) in the first name, KRW 5 million around May 7, 2012, KRW 5 million around the 17th day of the same month, KRW 5 million around the 24th day of the same month, KRW 5 million around the 5 million, and KRW 30 million around the 31st day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. While the Defendant had maintained a pro-friendly relationship with the victim, such as finding a funeral home of the victim E-friendly person, the Defendant was able to run the business by posting a phone to the victim at an insular place around May 8, 2012.

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