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(영문) 대구지방법원 2021.01.21 2020고단3505
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2016, the Defendant is unable to conduct his father's business to the victim D at the C coffee shop near Daegu Suwon-gu, Daegu-gu.

When lending KRW 15 million, 700,000 shall be paid monthly interest and shall be paid within three months.

“.....”

However, in fact, the defendant thought that the above borrowed money was used for other purposes such as repayment of the defendant's other debt, and at that time, the defendant did not have the intent or ability to repay the borrowed money within the above period.

On December 12, 2016, the Defendant: (a) by deceiving the victim; (b) received remittance of KRW 15 million from the victim’s account under the name of the Defendant to the E bank account on December 12, 2016; and (c) received remittance of KRW 308,300,000 in total from around that time to January 29, 2019, as indicated in the List of Crimes.

Summary of Evidence

1. Legal statement of the witness D;

1. The head of a complaint, each police statement on D, reference of transaction details, identification of loan certificates, all registered matters, identification of transaction details, reply upon a request for cooperation from an investigation (credit information history), each financial transaction details, investigation reports ( telephone conversations with a suspect related to financial transaction details) and data on arranging the amount of damage [the defendant and defense counsel that the victim's father's business is difficult;

The defendant asserts that there is no deception and there is no intention to repay, and that there is no intention to repay, so the defendant does not acquire money from the damaged person.

Comprehensively taking account of the evidence duly adopted and examined by the court, the facts constituting the crime of this case against the defendant are found guilty, and the following circumstances acknowledged by the above evidence are found as follows: (i) the defendant, other than the victim, has borrowed money from middle school-friendly F, G, H, I, D, and J at a time similar to the victim and has paid interest; and (ii) the victim has agreed to pay by subrogation the amount equivalent to KRW 150 million when he has received the principal’s house in lieu of the victim’s house. (ii) The defendant was at the investigative agency in 2018.

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