(영문) 대구지방법원 서부지원 2013.07.16 2012고단1466

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자간(%)

(영문) 대구지방법원 서부지원 2013.07.16 2012고단1466

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant did not have certain income, and there was no property under the name of the defendant, and there was a plan to lend money from the victim C to his/her relative and use the apartment to acquire it by auction, and even if he/she borrowed KRW 100 million from the victim, he/she did not have the intent or ability to repay the money borrowed to the victim by operating the business of selling the clothes and clothes bearing the trademark with the money.

Nevertheless, the Defendant, at the victim’s office located in the Daegu Suwon-gu 2nd floor around October 2009, told the victim to the effect that “The victim shall pay the interest of KRW 100 million on the third part of the month, if he/she lends the 100 million to engage in the business of selling clothes, and he/she shall repay money after one year,” and he/she shall receive KRW 100 million from the victim to the deposit account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of C;

1. Recognizing the fact that a criminal investigation report (suspects, 100 million won address data), - 5 copies of the passbook of the Daegu Bank, and the Defendant borrowed money as stated in the criminal facts, the Defendant determined that the clothing business is not profitable after borrowing money from the victim, and that the Defendant used money to use money for the apartment auction-related business after sufficiently explaining that the victim would use money for the apartment auction-related business, it is denied to the effect that the Defendant did not deceiving the victim.

However, the Defendant had been in bad credit standing since 2002, and was not able to repay a considerable amount of money from the victim at the time of the instant case, and the Defendant did not properly inquire about the business related to the clothing of fake goods at the time of receiving money from the victim.

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