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(영문) 대구지방법원 포항지원 2017.10.19 2017고단1060

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On October 30, 2014, the Defendant lent KRW 1.4 million as of the end of each month to the victim D in front of the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

As security, I hold a test to reduce AD car.

The phrase “ makes a false statement.”

However, in fact, the Defendant had a debt amounting to KRW 70,000,000, which was already due to the aggravation of the management of E, and the financial institution was unable to obtain a loan any longer from the financial institution, making economic situation worse to the extent of using high interest rate bonds, which was 8% per month, and was expected to be seized immediately from the capital company as it was impossible for the Defendant to pay the discounted premium, and as it was planned to use the borrowed money from the damaged party to pay other bonds, there was no intention or ability to pay the borrowed money.

The Defendant received two copies of a check from the injured party on one’s own, the face value of which is KRW 10 million on the same day, and received KRW 1.3 million from the new bank account (F) under the name of the accused on December 31, 2014, and received KRW 6.2 million from the Defendant on the same day on January 8, 2015.

Accordingly, the defendant deceivings the victim and defrauds each of the above money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A process deed;

1. Account transactions;

1. Application of Acts and subordinate statutes to photographs of checks;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the mitigation area (one month to one year) (one year from January to one year) of the mitigated area (the special mitigated person] of Article 62(1) of the Criminal Act, or the case where considerable damage was restored.