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(영문) 대구지방법원 2019.02.01 2018고정1159

사기

Text

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

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

Reasons

Punishment of the crime

1. On September 2017, the Defendant stated that “A” restaurant located in the Dong-gu, Daegu-gu, Daegu-gu, would lend KRW 10 million to the victim B after two weeks of money to the victim B. It would receive KRW 10 million, which was lent to E. It would receive two weeks of money, and the interest will be paid in one million won.”

However, the Defendant had no fixed income at the time, and there was a debt of approximately KRW 80,000,000,000 from the above E, and there was no intention or ability to repay the money even if it was borrowed from the victim because the Defendant had to use it for the Defendant’s living expenses even if he was paid KRW 10,00,000 from

As such, the Defendant, by deceiving the victim, was transferred from the victim to the account in the name of the Defendant, KRW 10 million on September 8, 2017.

2. Around August 6, 2017, the criminal defendant against the victim F told the victim F of “H” coffee store located in Daegu-gu G to the effect that “A person needs to pay money in one month if he/she lent KRW 4 million to the victim F.”

However, the defendant had no fixed income at the time, and there was a debt of approximately KRW 80 million, so even if he borrowed money from the victim, he did not have an intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 4 million from the victim to the account under the name of the Defendant on the same day, and received a total of KRW 40 million from November 2, 2017, from that time to November 2, 2017, from that time, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Part B and F of each interrogation protocol of the defendant against the prosecutor's office

1. Each police statement concerning B and F;

1. immediately transferred results and details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes to the investigation report (the details of deposit with a premium);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the selection of punishment;