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(영문) 대구지방법원 의성지원 2019.11.28 2019고단153

사기

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

but for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On February 1, 2018, A was sentenced to four years of imprisonment for fraud in the Daegu District Court Port Branch Branch, and the judgment was finalized on August 10, 2018. On May 9, 2019, A was sentenced to two years of suspension of execution for a crime of fraud in the sex support of the Daegu District Court, and the judgment was finalized on May 17, 2019.

The Defendants established a “stock company D” company with transportation business as the type of business in North-gu, Northern-gu, and Defendant A took charge of the business of attracting funds from the persons necessary for the business, and Defendant B took charge of the overall operation of the company, such as fund management, as the representative director of the above company, carried out coal re-transport business. However, even if the Defendants borrowed money from the victims E due to lack of the possibility of attracting the business or success at the time, they had the intent or ability to repay the said money, and had the victim enticed the victim as if they were the business.

around May 2013, the Defendants conspired with the Defendants that, “In the course of implementing the coal goods transport contract business from F to G”, the Defendants said that, on the other hand, the Defendants would not be able to know about whether there will be interests in the relevant business rights, as well as the repayment of the insufficient funds, at the time of raising the shortage of funds.”

However, in fact, the Defendants did not have the intent or ability to pay the coal re-transport business right promised to the victim or the borrowed money.

The Defendants, as such, by deceiving the victim, received from the victim the transfer of KRW 50 million from the H bank account in the name of “D” to the H bank account in the name of “D”, KRW 250 million on May 22, 2013, KRW 250 million on May 28, 2013, KRW 100 million on May 31, 2018, and KRW 400 million on May 31, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and I;

1.F Coal transport contract, full certificate (D) of the matters to be registered, and the main contract for business cooperation;