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(영문) 대구지방법원 서부지원 2015.10.30 2014고단1794

사기

Text

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

Reasons

Punishment of the crime

On May 23, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor at the Daegu District Court for fraud, etc., and the said judgment became final and conclusive on May 24, 2013, and completed the execution of the sentence at the Jinju Prison on October 2, 2013. On November 14, 2014, the Defendant was sentenced to two years of suspension of execution for eight months of embezzlement from the Seoggu District Court’s Branch Branch Branch, who was sentenced to two years of suspension of execution for eight months of embezzlement and became final and conclusive on November 22, 2014.

The defendant is a person who operates the Textiles Processing Business Co., Ltd. in Seogu, Seogu.

Around February 7, 2012, the Defendant loaned 100 million won to the victim E in the above D office of the said D Co., Ltd. “I would have to lend 100 million won to its employees because the present factory finance is difficult, and if I would have borrowed 100 million won, I would have paid 400 million won from the Credit Guarantee Fund in April, and would have repaid 100 million won with the loan from the Bank. The principal shall be paid in three copies per month, and the principal shall be repaid within 10 million won per month.” On March 19, 2012, the Defendant called “I would have repaid 50 million won to the domestic factory employees, and would have paid 4 parts per month, and if I sold the factory, he would have repaid her with the president.”

However, the Defendant, around October 2009, borrowed 2.5 billion won from the Daegu Bank as collateral on the company’s factory building and land for the purchase of D Co., Ltd., and borrowed 7-8 billion won from the land. From February 201, 201, the company’s business operation was not more smooth than the Defendant’s expectation, and it was difficult for the victim to repay the principal and interest at the time of promise, even if it borrowed 2.5 billion won from the land.

Accordingly, the Defendant, by deceiving the victim, received KRW 87 million from the victim, except for the interest on February 9, 2012, and KRW 50 million on March 20, 2012, and KRW 137 million.

Summary of Evidence

1. The defendant's partial statement in court;