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(영문) 대구지방법원 2017.08.11 2017고단3530
사기
Text

In the case of each fraud described in Nos. 1 through 3 of the crime sight table in the judgment of the defendant, the defendant shall be punished by imprisonment with prison labor for six months.

Reasons

Punishment of the crime

On June 22, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Daegu District Court on June 22, 2016, and the above judgment was finalized on June 30, 2016.

On August 21, 2015, the Defendant made a false statement to the effect that “the Defendant shall receive a sufficient loan from the victim and use it as the repair cost of the gold and the four vehicles, and make a full payment after one to two months if he/she lends the remainder to B,” to the victim who caused the contact with the victim C by taking advantage of the vehicle driven by the victim C in front of the Jamdo-Eup in Busan Metropolitan City.

However, as the Defendant did not have any particular property, and tried to prevent the use of money for gambling and living expenses, or from returning money to repay debts such as loans from the damaged party, there was no intention or ability to repay the money even if he borrowed money from the injured party.

On August 21, 2015, the Defendant received KRW 2,40,00,00,000 from the victim’s 4,000,00 which he/she borrowed from the well-known Savings Bank, and received KRW 2,59,653,83 in total from around that time to March 16, 2017, as shown in the list of crimes in the attached Table, from around 259,653,83.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement of each police statement in relation to D, E, F, C, and G;

1. Each debt certificate, debt certificate, confirmation of transaction details, each loan transaction agreement, each transaction statement, each loan transaction agreement, each loan transaction statement, each loan transaction statement, each loan transaction statement, deposit transaction statement, check of loan transaction records, each transaction ledger, each transaction ledger, each loan confirmation statement, debt verification statement, each period of time, check of liquidity transaction records, transaction details, transaction ledger, loan transaction details, loan transaction details, liquidity transaction statement, statement of deposit transaction statement (Tgu bank), suspect caro Kao Stockholm conversation, each D account records, F account records, investigation report (the complainant).

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