beta
(영문) 대구지방법원 안동지원 2013.10.10 2013고단438

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant was unable to pay the victim C KRW 20 million borrowed on or around May 23, 2003, KRW 20 million borrowed on or around November 30, 2004, and KRW 15 million borrowed from D up to the period of 2013, and even if the Defendant borrowed money from other persons, there is a large amount of debt, such as loaning KRW 15 million, corporate bonds, etc., and even if the Defendant borrowed money from other persons, there is no intention or ability to repay the debt even if the Defendant borrowed money from the victim.

1. On August 31, 2012, the Defendant made a false statement to the victim that “The number of days to be paid shall not be.” The Defendant borrowed only KRW 20 million as he/she intends to use it for the interior cost of the hoft store located in F at the same time. There is a place where he/she will receive money for two months.”

Around August 31, 2012, the Defendant received KRW 19 million from the victim to the agricultural bank account in the name of G used by the Defendant and used KRW 10 million as the payment for the number of days.

Accordingly, the defendant deceivings the victim, thereby deceiving 20 million won.

2. On September 18, 2012, the Defendant made a false statement to the effect that “The number of days of money should also be given, and whether it will not be free from lending money by talking about D in a personal place of use of money. D will lend money to a person carrying out insurance.” The Defendant made a false statement to the effect that D will be repaid within two months.”

The Defendant had the victim borrow KRW 15 million from D, and had the victim use the purchase cost of insurance, the Defendant’s personal debt repayment, etc., and from September 18, 2012, the Defendant had the victim borrow KRW 9.5 million.

9. received money from the Defendant to the Agricultural Cooperative Account in G’s name by September 19.

Accordingly, the defendant deceivings the victim, thereby deceiving 15 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C;

1. Application of the Acts and subordinate statutes on the transaction of passbooks and accounts;