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(영문) 대전지방법원 2021.02.25 2019고단5118

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 7, 2010, the Defendant made a false statement to the effect that “C” main points located in Daejeon U.S. World Trade Organization B, the Defendant would allow the victim E running (State) D to provide alcoholic beverages to us, if he/she lends 10 million won to us, and the borrowed money would be repaid in one million won each month between February 15, 2010 and ten months.”

However, in fact, the Defendant was at least KRW 40 million with a debt owed by financial institutions such as FF banks, and the monthly rent was deducted from the deposit due to the failure to pay monthly rent at the main point, and there was no intention or ability to pay the debt normally even if the Defendant borrowed money from the damaged party due to the absence of any special property or other income.

Defendant deceiving the victim as above and transferred KRW 10 million to the H Association account (I) in the name of G on January 8, 2010 from the victim’s deception.

Summary of Evidence

1. Application of Acts and subordinate statutes as a result of confirmation of credit information, such as witness E, G’s written complaint, process deed, certificate of transfer confirmation, letter, delegation, certificate of seal, certificate of deposit, statement of deposit transaction, and credit information by the defendant’s partial statement;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act (hereinafter referred to as the “Criminal Procedure Act”) and Article 334(1) of the Criminal Procedure Act (hereinafter referred to as the “Criminal Procedure Act”) borrow money from the Defendant and the

G is G.

The Defendant and G assumed that the Defendant was able to operate and operate the G with the Defendant’s share of investment, thereby operating the G (hereinafter only referred to as “main office”). G borrowed money from E with the intent to be responsible for the unpaid monthly rent at the time of withdrawal from the Dong business, and the Defendant jointly and severally guaranteed G’s obligation at the request of G.

The Defendant did not commit a deceitful act.

In addition, the defendant was unable to pay the borrowed money due to the personal circumstances of the defendant while operating a common place for several months under the supply of alcoholic beverages from D.