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(영문) 대구지방법원 김천지원 2017.09.28 2017고단159

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 became final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 159] On November 19, 2015, the Defendant, at the C office located in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) in the Defendant’s operation of the Defendant, would lend KRW 30 million to the Victim D (hereinafter “YY”) with the monthly interest rate of KRW 2 million and return the principal if the Defendant wishes to receive a return of the principal, he will return the principal after one month.

The phrase “ makes a false statement.”

However, the defendant did not have the intention or ability to return money even if he borrowed money from the injured party because he had a bond of several million won in the state of the enemy.

On November 20, 2015, the Defendant received KRW 30 million from the damaged party to the account under C’s name around November 20, 2015.

[2017 Highest 810] Defendant at C office in Gwanak-gu, Seoul Special Metropolitan City E-dong No. 1608, Oct. 6, 2015, Defendant 2015, “C is not necessary to be able to know about whether the company is good.” In this case, Defendant 3 is a frighter for money if there is money.

The profit of 20% per 1 million won may be imposed on 20% per 2 million won, if he/she has an ability to make a profit, and if he/she has made an investment in money, he/she may also live in the business and punish money.

The principal of the investment will be repaid until November 30, 2015.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, at the time, the company did not properly operate the current sales business and repeated the enemy, while the defendant had a debt of several million won, on the other hand, did not have any intent or ability to pay profits or to return the principal to the victim as agreed with the victim due to the absence of assets.

The Defendant, such as deceiving the victim and being given a delivery of KRW 1 million on the same day from the victim to December 20, 2015, received a delivery of KRW 268 million in total on eight occasions as shown in the list of crimes in attached Table from around that time to December 20, 2015.

Summary of Evidence

[2017 Highest 159]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Receipts, cash borrowing certificates, cash storage certificates, details of transactions of deposits and withdrawals, and inquiry into credit information (2017 order 810);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of custody, a certificate of borrowing, and a receipt for remittance of cash;