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(영문) 대구지방법원 2016.08.25 2016고단1278

사기

Text

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

Reasons

Punishment of the crime

On December 16, 2008, the Defendant sent the same attitude to pay the principle to the employees of Hyundai Capital Co., Ltd. who are in charge of the victim's modern who are not aware of the name of the defendant, and applied for the above loan to the employees of the company of Hyundai Capital Co., Ltd. in charge of the victim's name.

However, in fact, the Defendant had a debt of about 25 million won without any special property at the time, and the loan was extremely difficult to the extent that the person cannot repay the loan, so even if the loan was received, there was no intention or ability to repay the loan.

Nevertheless, the defendant deceivings the victim as above and received 25 million won as a loan from the injured party on the same day.

On March 18, 2014, the Defendant stated that “Around 2016, the 2601 Highest 2,601 Defendant borrowed money from the victim F by disposing of the office immediately to the victim F.”

However, the above Daegu Dong-gu E and the third floor in which the defendant had resided at the time had the defendant's child paid the deposit, etc., so the defendant was urged to dispose of it at will, and not only did the defendant have the right to dispose of it, but also had the due date of seven million won borrowed from the son at the time, and it was extremely difficult to repay it. Even if the defendant borrowed money from the damaged person due to the absence of any other property, there was no intention or ability to repay it.

Nevertheless, the defendant, by deceiving the victim, obtained cash from the victim, 6 million won in cash on the same day, 3 million won in cash on March 19, 2014, and 9 million won in total from the victim.

Summary of Evidence

"2016 Highest 1278"

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Loan applications/a summary, normal statement of reimbursement, deposit details, vehicle registration ledger, and vehicle registration register.