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(영문) 대구지방법원 2016.10.28 2016고단3363

사기

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

B On October 8, 2010, the Daegu District Court sentenced two years to imprisonment for fraud, etc., and completed the execution of the sentence on April 8, 2012.

Defendant

A The representative director of the LAF and the defendant G are in the same partnership business relationship, respectively, and they are in the same partnership business relationship.

As additional operational funds have become necessary due to the difficulties in the circumstances of the company, the Defendants offered H as a collateral for transfer, and then received the attached corporeal movables (20 points for laundry machines) owned by the Daegu District Court on June 10, 2014, which was attached by the Daegu District Court, from the Daegu District Court on June 10, 2014, from the victim I as collateral for transfer, and did not notify the above seizure.

On July 25, 2014, the Defendants conspired to notify the victim I of the seizure of corporeal movables, without notifying the victim I of the seizure of corporeal movables, and falsely conclude that “The funds for the operation of the company are urgently needed. When lending money, the funds for the deposited laundry services will first be arranged, the company’s machinery will be offered as security, and the interest will be paid up to three parts of interest per annum. The interest will be paid every month, and shall be paid in full by August 25, 2014.”

However, in fact, the Defendants borrowed the amount of KRW 120 million to H, and the corporeal movables provided to the victim were already seized from the Daegu District Court. Since there was no corporate operation funds at the time, there was no intention or ability to repay money from the victim even if they borrowed money from the victim.

As above, the Defendants deceptioned the victim and received 51.3 million won as the borrowed money from the victim on the same place.

As a result, the Defendants conspired with the victim to obtain 50,000 won or more.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each prosecutor's suspect interrogation protocol against the Defendants

1. Statement made by the police officer on I;

1. Statement of a complaint;