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(영문) 대구지방법원 서부지원 2021.02.16 2020고단2088

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant, at the end of October, 2017, would lend KRW 20 million to the victim D’s residence in Seo-gu, Daegu-gu, and C around the end of October, 2017, by November 30, 2018.

Interest shall also be paid at 20% per annum.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant had a debt worth KRW 50 million at the time, and had been able to repay the existing debt even with the money received from another person, and there was no intention or ability to pay interest, even if he/she borrowed money from the injured person, as agreed, even if he/she borrowed money from the injured person.

Nevertheless, on November 30, 2017, the Defendant was paid KRW 10 million to the F account (G) in the name of the Defendant, and KRW 10 million to the same account on December 1, 2017, from the victim by deceiving the victim as above and deceiving the victim.

2. On December 2017, Defendant 10 million won was employed by the injured party in the Seo-gu Seo-gu, Daegu-gu, Police Officers, and Defendant 1 operated a cosmetic shop to the victim, and the cost of the goods is required.

The interest shall also be paid until he/she has repaid the goods immediately after he/she has sold them with money.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant had a debt worth KRW 50 million at the time, and had been able to repay the existing debt even with the money received from another person, and there was no intention or ability to pay interest, even if he/she borrowed money from the injured person, as agreed, even if he/she borrowed money from the injured person.

Nevertheless, on December 26, 2017, the defendant deceivings the victim as above and received KRW 11 million from the F account (G) in the name of the defendant as the price for the goods on December 26, 2017 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of transactions, a certificate of borrowing, and a letter;