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(영문) 대구지방법원 2018.12.06 2018고단2754
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 23, 2011, the Defendant: (a) at the “C” office where the Defendant was working in Sinsan-si B around May 23, 201, the Defendant: (b) “C” office where the Defendant was working in Sinsan-si B, that caused the victim D to have the number of days of his/her own building as collateral; and (c) received a large amount of interest and used it

The loan of KRW 10 million may be paid interest on three occasions each month, and the other is confidential and the other is a money in the face of the loan. The loan of KRW 10 million will be paid interest on the loan.

“A false statement was made to the effect that it was “.”

However, as the head of F branch office at the time, the Defendant had to raise sales worth KRW 70,000 per month in the name of the Defendant, and among the employees under the Defendant’s management, to receive sales allowances, the employees would have to raise sales performance. As such, the company did not have any intent or ability to pay interest and principal as if the Defendant promised to borrow money from the injured party, such as those who did not pay three-minutes interest to the Defendant, while selling cosmetics to the normal selling company, the company actually sold the cosmetics to the exclusive selling company, and the remainder was paid to the company with the Defendant’s personal debt increased, and the sales proceeds to be deposited to the company continuously increase, and there was no increase in the amount of cosmetics sales proceeds to be deposited to the company. Therefore, there was no intention or ability to pay the principal as if the Defendant promised to borrow money from the injured party, such as those who did not pay three-minutes interest.

Nevertheless, on May 23, 2011, the Defendant: (a) by deceiving the victim; (b) received transfer of KRW 10 million from the Defendant’s G bank account to the Defendant’s G bank account; and (c) received a total of KRW 167,90,000 over 26 times from around that time to November 12, 2015, as shown in the list of crimes in attached Table 26.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (D.).

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