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(영문) 대구지방법원 상주지원 2014.05.13 2013고단538

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around January 25, 2011, the fraud Defendant made a false statement to the victim F, “a loan of KRW 10 million to the victim F, three copies of interest shall be reduced to the other, and there was a limit with G, with which the Defendant is making him/her with G, and that he/she would receive the fraternity from September 25, 201, and make a repayment of the fraternity to the other party without any molding until September 25, 2011.”

However, at the time, the Defendant had borne the Defendant’s debt amounting to KRW 20 million with G, and even if G had no sufficient means to pay the monthly payment amounting to KRW 5 million due to the reasons such as the Defendant’s liability for the guidance of the members of the fraternity introduced, the Defendant did not have to pay the said amount continuously. Even if the Defendant continued to pay the said amount, there was no possibility of offsetting the principal and interest of G, which is the principal and creditor, even if he received the said amount from the victim, even if he borrowed the amount from the victim, the Defendant did not have any intent or ability to pay it.

Nevertheless, the Defendant, as seen above, received KRW 10 million from the victim on the same day as the loan money, and received a total of KRW 67.65 million from November 3, 201, as indicated in the attached list of crimes, such as receiving KRW 10 million from the victim on the same day.

2. Forgery of private documents and the display of private documents;

A. While the Defendant borrowed money from F on May 31, 201, the Defendant: (a) borrowed money from F on or around May 31, 201; (b) obtained a certificate of personal seal impression using the husband H’s seal imprint; and (c) concluded that “Icheon-gun Igra, I will put in place a joint and several surety; (d) borrowed money from F on or around May 31, 201; and (e) borrowed money from F on or around May 31, 201, the Defendant borrowed money from F on or around May 31, 201 as follows; and (e) obtained a certificate of personal seal impression using the husband H’s seal imprint; and (e) concluded that Igra, Igra, in F’s house, Igra, “I will put in place a joint and several surety; and (e) borrowed money regularly from F on or before the date of gold. The half-term of the principal is until May 3