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(영문) 대전지방법원 2014.08.22 2013고단830

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant asked D to pay KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

On May 7, 2010, the Defendant stated, through D, that “When the Defendant was scheduled to acquire and operate the above meat processing company, if the Defendant loaned KRW 70 million, KRW 50,000,000,000 per month, the interest on KRW 4,000 per month shall be paid for KRW 20,000,000 per month, and the interest on KRW 5,000,000 per month shall be paid until October 5, 2010, and the principal shall be repaid until October 5, 200, and the said vehicle shall be transferred as a security, if the Defendant provided G body-ray vehicle, HNAS vehicle, I, and I, and if he fails to repay the money by the due date.”

However, at the time of fact, the Defendant was in bad credit standing, and the Defendant did not have the ability to take over the meat processing company due to lack of special property, and the above vehicles provided as security to the victim had a total of 58 million won liability. Of the above vehicles, Nices and Soon vehicles owned by the Defendant’s son and son and operated with the Defendant’s son and son, and the above vehicle was in the status of transferring the name of the Defendant’s creditor to the Gyeyang Myon Livestock Co., Ltd. in order to repay other debts on May 6, 2010, which was before the victim borrowed money from the Defendant, and thus there was no intention or ability to pay the above borrowed money even if they borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 50 million from the victim via D on the same day, and had him use it to repay the debt to E, and acquired KRW 19 million, excluding the prior interest of KRW 1 million, by deceiving the victim in total, KRW 69 million.

Summary of Evidence

Defendant’s partial statement

1. The whole of the witnesses D, E, and F in the protocol of the second and third trial.