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(영문) 대구지방법원 김천지원 2014.07.22 2014고정302

사기

Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is a person who sells functional health foods or clothes under the trade name of "C".

On May 28, 2010, the Defendant made a false statement to the victim D, who was in close friendly relationship with the U.S. A.C., U.S., U.S., U.S., U.S., on the following occasions: “I will lend money when I wish to repay money to the victim D, who was in need of money and money for the fraud of his clothes, whenever I change at any time.”

However, in fact, the Defendant was liable for approximately KRW 130 million at the time, and was unable to return the credit card company’s debt, and the victim borrowed money by using the fact that he was aged and was believed to do so. Even if he borrowed money from the victim from the beginning, there was no intention or ability to repay it from the beginning.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the account under the name of the Defendant on May 28, 2010, under the pretext of borrowing money from the victim, and received KRW 12 million in cash around February 28, 201, and received KRW 27 million from the victim.

Summary of Evidence

1. Of the second prosecutor's interrogation protocol against the defendant, the part concerning the size of debts and the use of borrowed funds at the time of borrowing.

1. Statement of D;

1. Application of Acts and subordinate statutes, attached to a complaint on February 28, 201, such as a certificate of borrowing and a report on investigation (in relation to attachment of details of account transactions of a suspect).

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the choice of punishment for criminal facts, and Article 347(1) of the same Act,

However, considering the fact that the criminal intent is sufficiently recognized when comprehensively taking into account the size of the debt, the source of the loan, the details of the repayment before the application for individual rehabilitation, the condition of the permission to reject the application, etc. at the time of the loan, the fact that the criminal intent can be sufficiently recognized, but the document to deny the criminal intent is not applied for formal trial, but applied for formal trial.