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(영문) 대구지방법원 경주지원 2019.03.06 2018고단805

사기

Text

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

Reasons

Punishment of the crime

On May 12, 2017, the Defendant was sentenced to imprisonment with prison labor for ten years for fraud, etc. in the Daegu District Court's Ansan Branch on May 12, 2017, and the judgment became final and conclusive on June 7, 2017.

1. On May 26, 2015, the Defendant committed the crime committed on May 26, 2015, the Defendant stated that “The friendly friendly friend is not a fund for the business of Cheongchip” to the victim in the car maintenance plant where the victim C (the 44-year-old) was working in Andong-si B (the 44-year-old) on May 2015. The Defendant borrowed 30 million won to use the domestic guarantee as a fund for the business of Cheongchip, which will be used as a fund for the business of Cheongchip. The interest shall be paid

However, in fact, since the Defendant began to use bonds from around 2008, and around that time, the Defendant had a debt owed to the Defendant and had a debt repaid with interest on the existing debt, etc., and thus, the Defendant did not have any intent or ability to repay the debt at the time of the promise even if he borrowed money from the victim.

Nevertheless, around May 26, 2015, the Defendant received a 15 million won check from the victim before D branches, and received a 15 million won check from the F Bank account in the name of E.

Accordingly, the defendant deceivings the victim and acquired 30 million won in total.

2. The Defendant, on September 1, 2015, called the victim’s phone at an insular place at Andong-si (hereinafter referred to as the “Seman”) around August 1, 2015, and concluded that “The funds are needed to secure the quantity before the drilling.” The interest was paid KRW 1 million in a month, and paid KRW 51 million in a lump sum, along with KRW 30 million borrowed at a time after the drilling.”

However, the defendant did not have any intention or ability to repay the money on the date of promise, even if he borrowed money from the victim on the grounds as stated in paragraph (1).

Nevertheless, the Defendant, at around September 1, 2015, transferred 19.5 million won from the victim to the International Bank account (J) in the H’s name on three occasions, and under the name of K on the same day.