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(영문) 대구지방법원 2014.06.20 2013고단6715

사기

Text

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

Reasons

Criminal facts

From 2004, the Defendant operated E- which sells the goods related to the fire, but around 2009, the sales of the goods related to the fire was reduced by approximately one million won each month. However, the above E-building and land under the husband’s name was already loaned by Nonghyup in 2004 and the mortgage amount of KRW 180 million was established against the maximum debt amount. The F-building 302 was established with loans from Daegu Bank in 2002, and the credit card amount was overdue, and the credit card amount was overdue at around 5 to 10 million and the bonds borrowed with interest rate of KRW 70 million are over 5 to 10 million, and there was no intention or ability to repay the loan on the loan date.

On May 4, 2010, the Defendant concluded that “If money is needed to pay the value of the E goods, if money is lent, the principal will be paid in five copies per month, and the principal will be paid in installments.”

However, as above, the Defendant had no intent or ability to repay the debt even if he borrowed money from the victim H because the debt already exceeds the Defendant’s assets and income.

As above, the Defendant, by deceiving the above victim H, received KRW 2.9 million from the victim H to the bank account under the name of the Defendant for the purpose of borrowing from the said victim H, i.e., remittance from the said date to April 5, 2012, and received KRW 129,850,000 from five victims, including the said victim H over 26 times, as indicated in the crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer with respect to I, J, H, K, and L.