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(영문) 대구지방법원 2020.12.22 2020고단4787
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On November 30, 2017, the Defendant was sentenced to imprisonment with prison labor and six months for fraud in the Daegu District Court Port Branch of the Daegu District Court on November 30, 2017, and on October 18, 2018, the Defendant completed the execution of the sentence in the one prison for the North Korean defectors.

On April 18, 2019, the Defendant made a false statement to the Defendant-friendly victim B of the Defendant’s high school in the Dong-dong Park Dong-gu, Daegu-gu, with the effect that “In this case, the Defendant is running a loan brokerage business at present. If the customer concludes a loan contract with C through a broker, the customer will make cash as the owner of the goods. When he/she receives the loan, he/she shall make a loan contract under the name of aner and give the money received from C as a private goods, and when he/she deposits the money to the bank employees in this country for six months, he/she shall also inquire of the interest rate and redeem the money to C for six months after the date of the loan.”

However, in fact, the Defendant did not have any particular property and was in short of living expenses. Accordingly, even if the Defendant received a loan under the name of the victims and received the loan, it was thought that it would be used for the personal living expenses, etc. of the Defendant, and there was no intention or ability to repay the loan to the victim.

As above, the Defendant, by deceiving the victim as above, had the victim borrow KRW 10 million from the D bank at the seat, i.e., to have the victim borrow KRW 10 million from the D bank, and obtained cash KRW 9.7 million as a repayment of the loan in the corporate bank parking lot located in Daegu Suwon-gu on the same day, and acquired it, from around that time to March 23, 2020, the Defendant acquired KRW 40,168,679 in total eight times from six victims or acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement made to E, B, F, G, H, and I;

1. Details of each transaction, financial transaction confirmation form, each Kakao Stockholm dialogue content, each text message, and credit information history;

1.Each investigation report.

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