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(영문) 대구지방법원 포항지원 2017.11.30 2017고단968

사기

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

[Criminal record] On July 25, 2017, the Defendant was sentenced to two years of imprisonment for fraud in the Daegu District Court Port Branch Branch.

[2] On July 19, 2016, the Defendant: (a) around 10:00 on July 19, 2016, and (b) around 10:00, the Defendant would offer a victimN a loan of KRW 10,000 in his/her own name to the BNel located in Nam-gu, Nam-gu, Seoul, with a loan of KRW 10,000 in his/her own name.

“A false representation was made.”

However, in fact, even if the defendant has no special income or property and has received a loan from the injured party, he thought that he will use the loan as living expenses, etc. later, he did not have the intention or ability to repay the loan.

The Defendant had the victim obtain a loan of KRW 3 million from the river loan on the same day (ju) to KRW 3 million, KRW 3 million, KRW 1 million from the mountain and loan, and KRW 10 million from the loan on the next day to KRW 20 million, and acquired the above KRW 8,390,000 out of KRW 10 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect toN;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;