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(영문) 대구지방법원 2018.08.31 2017고정2060

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 14, 2016, the Defendant: (a) at the seat of the Daegu-gu North dong-ro, Daegu-ro, 287, the Daegu-ro, North dong-ro, Daegu-dong-ro, 2016, the Defendant: (b) leased the victim C a vehicle with KRW 500,000,000 to recover money if he/she left the vehicle, and (c) provided the remainder with money for sports discussions, etc.

The phrase “ makes a false statement.”

In fact, the Defendant did not have any income at the time and did not have any money, and the Defendant thought to use the money borrowed from the injured party as Internet gambling or entertainment expenses, etc., and there was no intention or ability to repay the money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1 million in cash from the victim, and received KRW 3.99 million in cash from the national bank account in the name of the Defendant, and received KRW 4.99 million in cash from the victim, and acquired it by fraud.

2. On December 16, 2016, the Defendant would transfer his/her vehicle to the said victim’s vehicle on behalf of KRW 5 million, first of all on loaning KRW 4 million to the said victim at a Daegu Bank-ro branch located in 49-18, Daegu-gu, Daegu-ro, Daegu-ro, 00, 2016.

The phrase “ makes a false statement.”

In fact, the defendant had no intention or ability to transfer his/her own vehicle to the victim as he/she was in need of money to raise entertainment expenses, such as the above 1.

The defendant deceivings the victim as above and received 4,000,000 won in cash from the victim on the same day.

Summary of Evidence

1. C’s testimony, and witness D’s partial testimony;

1. Statement by the prosecution against C, and statement by the police against C;

1. Details of entry and withdrawal of bankbooks, details of transactions, details of preferential admission and withdrawal of bankbooks AKB countries, details of account transactions in the name of complainants;

1. The photograph of the loan certificate (the defendant and his defense counsel did not have received cash from the victim, and the victim transferred money to the head of the passbook under the name of the defendant, and then purchase cost for new issuance of the victim.