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(영문) 대구지방법원 포항지원 2018.12.19 2018고단745

사기

Text

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

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

Reasons

Punishment of the crime

On October 17, 2015, the Defendant made a false statement to the victim E at the branch office of DPohang Port operated by the Defendant in Nam-gu, Nam-gu, U.S., that “if he/she lends KRW 2,00,000 to the victim E, he/she shall receive monthly salary of this month.”

However, in fact, from around 2014 to around 2015, the Defendant borrowed 63,000,000 won from the 15 loaned companies from around 2014 to around 2015, and 25,000,000 won in the name of the Defendant’s South-North Korean resident, and received 3,00,00,000 won in the name of H, the Defendant borrowed 6,00,000 won in the name of the land, and 6,00,00,000 won in the name of the land. Since the Defendant borrowed 6,00,000 won in the name of the leased company, the Defendant was unable to obtain a loan from the leased company due to excessive loan, the Defendant did not have any intention or ability to obtain the above loan from the victim E even if he borrowed from the victim E.

The Defendant received KRW 2,00,000 from the victim E for the same day as the loan money, and received from the victim E the total amount of KRW 5,700,000 from the above day to November 29, 2016.

Accordingly, the defendant was ordered to receive money by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E in the second police interrogation protocol against the defendant

1. Each police statement on E, J, K, L, and M;

1. Each complaint;

1. Details of deposit transactions, investigation reports (A and E submitted transaction details), credit information inquiry details of suspect, contents of credit information inquiries, account transaction details, investigation reports, investigation reports (verification of damage amount), each account details, investigation reports (Submission of passbook transaction details), bank transaction details, copy of ACF transaction statement, copy of money borrowing certificate ( August 29, 2016), copy of passbook transaction statement, and copy of passbook transaction details.