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(영문) 대구지방법원 2016.10.06 2016고단2427
사기
Text

The defendant shall be sentenced to 6 months of imprisonment with prison labor and 5-year of the same list of crimes for the crimes of 1 to 4.

Reasons

Punishment of the crime

On December 24, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor at the Daegu District Court on January 1, 201, which became final and conclusive on May 29, 201, and the execution of the sentence was terminated at the Daegu District Court on May 29, 201, and on May 2, 2013, the said judgment became final and conclusive on May 10, 201.

On March 2010, the Defendant made a false statement to the victim E at the office D office of the agricultural partnership of the Defendant’s operation of the 8th floor in Daegu Jung-gu, Daegu-gu, that “If a person produces and sells galkings by taking effect of red weather in Daegu-gu, he will pay interest of 10% per month if he/she lends the surplus funds necessary for the establishment cost of the galking to produce them.”

However, at the time of fact, the Defendant, as a bad credit holder, did not have any intent or ability to establish a mutual aid hall or to pay principal and interest, even if he/she borrowed money from the victim, because he/she was in a situation in which he/she paid money from another investor for an excessive amount of unpaid payment and debt.

Around April 5, 2010, the Defendant received agricultural card (F) in the victim’s name from the victim’s office D office, and settled five million won with the Defendant’s card settlement office, and acquired the Defendant’s financial benefits equivalent to the same amount, and thereafter, acquired the Defendant’s financial benefits by settling five million won with the Defendant’s corporate card settlement office. From March 29, 2012, the Defendant paid a total of five times until March 29, 2012 with the victim’s credit card and received financial benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (a separate transfer document);

1. A statement of payment, a statement of performance, a copy of a loan certificate, a statement of interest on loan, and a receipt;

1. Previous records of judgment: Criminal records, probationary records, previous records of dispositions, results of confirmation (five cases), investigation reports (verification of the same criminal records), and investigation reports;

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