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(영문) 대구지방법원 2016.01.07 2015고단3357

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant, along with the Defendant’s father D in Busan-si, would operate the E gas station in Busan-si, and the Defendant would offer an accident contact membership to the victim G who became aware of the Defendant’s father F in around 2011.

At the same time, I carried out as if they were sufficiently able to complete.

1. On January 23, 2013, the Defendant, at around January 23, 2013, is raising funds to purchase oil from the victim G from the I point of view located in the Daegu Suwon-gu H around January 23, 2013.

If you want to pay any unpaid money, they shall pay no money.

If there is a surplus fund, 200 million won will be lent, interest shall be paid in full after 3 to 4 months, with two copies per month.

“A false statement” was made.

However, from around November 30, 201, the Defendant was under a state of pressure to pay the above borrowed money. At the time, the said E station was preparing rehabilitation procedures without resolving the financial difficulties because it was difficult to obtain additional loans due to the burden of paying approximately KRW 1.3 billion in total loans to the financial rights, such as Daegu Bank, etc., as collateral, and the Defendant was in the process of personal rehabilitation without any particular property. On November 30, 2012, the Defendant borrowed money from the damaged party to pay the above borrowed money to KRW 200 million with the funds for the operation of the gas station, and even if he borrowed money from the damaged party, there was no intent or ability to pay the money as agreed, as agreed.

The Defendant, as such, by deceiving the victim, received KRW 200 million from the victim to the Daegu Bank Account in the name of D on January 31, 2013.

2. On July 19, 2013, the Defendant, at the above E gas station around July 19, 2013, was unable to pay KRW 200 million to the victim the phone, and “Around July 19, 2013, the Defendant was unable to pay the victim KRW 200 million prior to obtaining approval from the trading office.

By purchasing oil more now, it will be the immediate approval of the transaction partner.

The loan of KRW 150 million shall be paid in full with the above KRW 200 million after one month.

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