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(영문) 대구지방법원 포항지원 2015.07.08 2015고단221

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim C is the care of the victim E located in North-gu, North-gu, and the defendant is an insurance solicitor of the above E.

Defendant,

A. On September 201, 201, in the above E, the victim stated that “If the victim lends 2 million won as he/she needs to pay the money, he/she shall use it for 20 days and complete payment.”

However, at the time, the Defendant was unable to receive benefits from the insurance company accompanying the Defendant, and the Defendant had already been obligated to pay a large amount of money such as KRW 15 million with financial rights, so even if he/she borrowed money, he/she could not pay such money within the above period.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 2 million won from the victim around that time, and acquired it by fraud;

B. On May 8, 2013, police officers of the Republic of Korea borrowed money necessary for the operation of singing rooms from the Nam-gu, Nam-gu, Seoul, from the victim to any other person. To repay this money, if he/she lends money of KRW 20 million to G to him/her, he/she shall repay the money equivalent to KRW 30 million on July 25, 2013, and on June 8, 2013, he/she said that "on June 8, 2013, the victim shall lend money of KRW 6 million toG to the other party," and that "on June 23, 2013, if he/she lends joint and several sureties to the other party, he/she shall be repaid by June 23, 2013."

However, at the time, the Defendant did not have a certain amount of income, and was liable for approximately KRW 17 million to He, and was in the form of the bond, and there was no circumstance that he could receive the limit amounting to KRW 1,500,000 per month and receive it.

Nevertheless, the Defendant, by deceiving the victim as above, and jointly and severally guaranteed by the victim, and by allowing the repayment of the said debt on behalf of the victim, acquired pecuniary profits equivalent to KRW 26 million and acquired them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;