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(영문) 대구지방법원 2018.05.24 2017고단7167

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant and the Victim C, “E” located in Daegu-gu Dong-gu, shall be a working holiday fee for a motor vehicle with which the Defendant and the Victim C are working.

On March 21, 2017, the Defendant stated that “Around Daegu, the Defendant would sell the benz vehicles purchased and divide the profits therefrom if the Defendant borrowed KRW 32,500,000 as the money requires to purchase the cenz E vehicle.”

However, in fact, the Defendant was thought to use card payments, loan payments, living expenses, etc. from the damaged person, and there was no idea to purchase the above benz vehicles. Since the Defendant had a debt of approximately KRW 23,00,000 at the time, there was no intention or ability to repay the debt even if she borrowed money from the damaged person.

Ultimately, the Defendant was transferred KRW 32,50,000 to the Daegu Bank Account (F) in the name of the Defendant on the same day from the damaged party on the same day.

The defendant of "2018 Highest 398" is a person who was working for a middle and high-ranking motor vehicle with, and the victim G is between the victim G and the high school.

The Defendant, around June 28, 2017, called “to purchase a k7 vehicle of KRW 128 million through an auction” to the victim, who received from the victim a transfer of KRW 10 million from the victim to the Defendant’s account as a advance payment, and participated in an auction, but did not receive a successful bid.

Since then, the Defendant voluntarily lent the above money to I on July 14, 2017, while he withdrawn the above KRW 10 million in cash and kept it for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

"2017 Highest 7167"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions of deposits and withdrawals;

1. The 2018 Highest 398;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on the details of accusation, transaction, Kakao Stockholm, and H transaction;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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