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(영문) 대구지방법원 김천지원 2018.01.24 2017고단1208

사기

Text

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

Reasons

Punishment of the crime

The Defendant is a person who operates a street store in the Gu, Si, Si, and the victim E is a person who has worked as a parking manager in the above parking lot.

On January 12, 2015, the Defendant would be aware that at the above parking lot around January 12, 2015, the Defendant would be able to lend money to the victim for the operation of the street store after one month, and be employed in the same workplace as the old Facilities Management Corporation.

“A false representation was made.”

However, in fact, the defendant did not have any particular property, and even if he borrowed money from the injured party due to the lack of any specific income due to the business depression, he did not have any intent or ability to repay it as agreed upon, and did not have any intention or ability to have the injured party employed.

Nevertheless, the Defendant, as seen above, received the total sum of KRW 25 million from the injured party, from the time of deceiving the injured party and received cash from the injured party on the same day until January 4, 2017, from the time of receiving the delivery of KRW 20 million.

Summary of Evidence

1. Legal statement of witness E;

1. Part of the statement under E in the second police interrogation protocol against the accused;

1. A complaint, receipt, and a certificate of borrowing [the defendant's intent to acquire money in the name of the borrowed money by deceiving the victim with the intention of the crime of defraudation, but at the time of the loan in this case, the defendant did not have any particular property, and it appears that there was no fixed income even though he had operated the street, and the defendant did not have the right to claim the borrowed money from the victim by selling his own scam and did not have any specific repayment plan, and the victim did not have any opinion on the economic situation that is difficult to the defendant at the time of the loan in this case. Rather, the defendant did not sell the land owned by the defendant to pay the money even if he sold it.

Any statement shall be made by the victim.