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(영문) 대구지방법원 안동지원 2018.09.04 2018고단13

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On December 22, 2015, the Defendant stated to the effect that “E” located in Ansan-si, A around December 22, 2015, the Defendant: (a) provided a victim F with “H” a loan to the victim F; (b) provided a loan to the Party F with the necessary money to the Party B; (c) provided the Party F with the loan to the Party B; and (d) provided the Party F with the loan to the Party B, he/she would cause the said loan to the Party; and (d) provided that the Party F would have employed the Party as an employee on the condition that he/she would receive KRW 2.5 million per month, on condition that he/she would receive KRW 2.

However, the Defendant, at the time, did not have any intent or ability to pay money with profits even if he/she borrowed money from the damaged person, because he/she had any obligation equivalent to approximately KRW 30 million with respect to financial institutions, approximately KRW 20 million with respect to taxes in arrears, KRW 20 million with respect to I, any obligation equivalent to approximately KRW 25 million with respect to interior expenses, such as interior expenses, and approximately KRW 95 million with respect to interior expenses.

The Defendant, by deceiving the victim as such, had the victim remit money over 11 times as follows.

[See ① KRW 10,00,000 to J on December 28, 2015; ② KRW 10,000,000 to J on December 29, 2015; ③ 120,000 to K; ④ 220,000 to L; ⑤ 600,000 to M; ⑤ 600,000 to N; ② 7,000,000 to J; ② 481,000 to J on December 30, 205; and ② 1,350,000 to P; and 1,50,000 to P; and 1,60,000 to the victim’s account used by the Defendant on December 31, 2015 [the Nong Bank’s name]

2. On January 2016, the Defendant committed the crime at around 2016, the Defendant told the Victim F to the effect that “In the event that there is a high interest on the existing loan of KRW 7 million, which was extended to B under the name of the party with a loan prior to the deposit, the Defendant borrowed KRW 10 million under the name of the party and repaid the existing loan to B, and the remainder of KRW 3 million. The new loan is paid to the lending company directly with the operating profit.”

However, the defendant is worth approximately 30 million won for financial institutions at the time of fact.