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(영문) 대구지방법원 2016.08.26 2016고단3016

사기등

Text

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

Reasons

Punishment of the crime

1. On August 29, 2012, the fraud Defendant: (a) at a women’s clothes processing plant operated by the Defendant in Daegu-gu, Daegu-gu; (b) around that time, the Defendant was unable to pay approximately KRW 2-30 million bonds; and (c) around that time, the Defendant was in a situation where deposit was fully deducted due to the failure to pay monthly rent at the residence; (d) there was no special property, and even if the Defendant borrowed money from others due to the lack of the above factory’s profit, the Defendant did not have the intent or ability to pay the said money. However, the Defendant did not have any money to obtain a new factory from the victim D (the age of 42) who works for the above factory as “C” (the age of 42).

If a person lends money with the loan, the interest on the loan will be paid in lieu of the loan, and the principal will also be paid in lieu of the loan.

‘Falsely speaking, it was obtained from the injured party the sum of KRW 15 million around August 31, 2012, and KRW 5 million around the date of 2013, and KRW 20 million on the date of 2013,000,000.

2. On April 22, 2014, the Defendant used computers, etc.: (a) opened a factory operated by the Defendant in Seo-gu, Daegu-gu; (b) opened a Daegu-gu bank passbook (Account Number F) in the above D’s name inside the factory; (c) opened the said passbook in the cash withdrawal period instead of the Daegu-gu bank, Daegu-gu bank; and (d) entered the password in the first page of the said passbook without authority, and then transferred KRW 4,375,889, which was deposited in D’s account to the Daegu-gu bank account in the name of the Defendant, and had the Defendant enter information processing to the information processing system, such as computer, without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to file a complaint and report on investigation (Attachment of Personal Credit Information of Suspect A);

1. Article 347(1) of the Criminal Act, which provides that the applicable law and the choice of punishment against the crime shall be applicable;