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(영문) 대구지방법원 김천지원 2014.03.12 2013고단1723

사기등

Text

A fine of KRW 3,00,000 shall be imposed on the crime No. 1 in its holding, and a fine of KRW 2,00,000 shall be imposed on the crime No. 2 in its holding.

Reasons

Punishment of the crime

1. On October 23, 2012, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution for a crime of fraud in the Daegu District Court resident support on October 23, 2012, and the judgment became final and conclusive on the 31st of the same month. On February 15, 2013, the Daegu District Court sentenced 8 months of imprisonment and 2 years of suspension of execution for a crime of violating the Juvenile Protection Act in the Daegu District Court Kimcheon support, etc. on February 15, 2013,

Around 17:00 on March 12, 2012, the Defendant made a false statement to the victim E at the D office located in the Gandong-gun, Gandong-gun, Gandong-gun, stating, “If funds are insufficient to operate the sidewalk in the Gu, the Defendant would be repaid at KRW 1.3 million after three months.”

However, in fact, the defendant did not have the intent or ability to repay the borrowed money within the due date for payment which is promised due to the failure to meet the economic conditions, such as that the personal debt is equivalent to 50 million won and monthly income is not equivalent to one million won.

As above, the Defendant, by deceiving the victim, received 4 million won from the victim to the Agricultural Cooperative Account in the name of F, the mother of the Defendant on the same day under the pretext of borrowing money from the victim, and received 6 million won in total from the same account on the 13th day of the same month.

2. Around March 2, 2013, the Defendant agreed to lend a J car car to 110,000 won per day at the (ju) International (H) North Korean office located in G at the time of stay at around March 2, 2013, by March 3, 2013, and received the said car at the seat.

While the defendant kept and used the above vehicle for the victim, the defendant embezzled the above vehicle in an amount equivalent to 6 million won at the market price owned by the victim because he did not comply with the request of the victim for the return of the vehicle after the above contract term expires.

Summary of Evidence

[2013 Highest 1723]

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous convictions as indicated in the judgment: Investigation report (the confirmation report, such as the date of confirmation), case summary agreement auxiliary meetings, copies of the judgment, criminal records, and inquiry reports on criminal records (2013 order 1824);

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