beta
(영문) 대구지방법원 서부지원 2015.12.11 2015고정680

사기

Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On December 25, 2014, at around 09:40 on December 25, 2014, Defendant A made a false statement to Defendant B’s office located on the fifth floor of the building “EA golf driving range” located in Seogu Daegu-gu, Daegu-gu, that “it is necessary to pay money to Defendant B in Chinese study. However, in the case of money, KRW 50 million is issued, and KRW 50 million will be repaid, and the money will be repaid at that time.”

However, in fact, the Defendant did not have the ability to obtain a 50 million won masp passbook, and was in excess of the obligation to pay 80 million won at the time, and even if he did not borrow money from the victim due to the absence of certain property or income, he did not have any intention or ability to pay it.

The Defendant, by deceiving the victim as above, received 5 million won from the victim to the Agricultural Cooperative Account in G under the name of G for the same day as the loan money, and fraudulently acquired it.

2. Defendant B’s fraud aiding and abetting Defendant B was the second title of the violent organization “H”.

In order to assist Defendant A in receiving KRW 5 million from the victim F, even though Defendant A did not have the intent or ability to repay the borrowed money as above at the same time and at the same place as mentioned in the preceding paragraph, in order to assist Defendant A in receiving KRW 1 million from the victim with knowledge that he/she did not have the ability to repay the borrowed money, and even if he/she borrowed money from the victim, he/she received KRW 1 million from Defendant A with knowledge that he/she did not have the ability to repay the borrowed money, the victim is responsible for the payment of KRW 1 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and I;

1. The prosecutorial suspect interrogation protocol against the Defendants.