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(영문) 대구지방법원 2013.07.24 2013고정1052

사기

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was engaged in the sales business of “C”, which is a motor vehicle fuel added product.

Since March 2010, the Defendant, known from around March 2009, recommended the victim D to make an investment in the fuel additives business from around March 201 to the day when the fuel additives business was run, but the victim was a person with bad credit standing as a business failure in around 2009, and refused to make an investment in the view that the automobile additives business could not be successful.

On April 10, 2012, the Defendant stated to the effect that “The Defendant is entitled to any money to operate the automobile fuel additives business, to lend money to the victim as required for the purchase of goods, and to pay money in short of money, he/she is responsible for and repaid as a golf player, and to use money only three months, and to pay interest at 1% per month.”

However, around April 2012, the Defendant failed to repay the total amount of financial rights and personal debts of KRW 1 billion, and the automobile fuel additives business also did not have a contract or transaction with intent to repay the amount on the agreed date, as well as the Defendant’s ASEAN was in a sudden situation equivalent to KRW 100 million due to the Defendant’s financial rights obligation borrowed from his name, and thus there was no intention or ability to repay the amount on the agreed date, even if the Defendant borrowed the amount to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received 10 million won from the victim to the post office account in the name of F, under the pretext of borrowing money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;