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(영문) 대구지방법원 2015.07.09 2015고단1416
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From December 2012, the Defendant was aware of the fact that KRW 300 million was received from D and used for the Defendant’s personal business and made it difficult to recover the money from D, and that it was not possible for the Defendant to borrow money from D in person, from around February 8, 2013, when he/she borrowed money from the victim E (the age of 43) and F Company F, which he/she serves as the representative director.

At around 12:30 on March 21, 2013, the Defendant made a false statement to the effect that D lends money to the victim and F through the Defendant, “If D lend KRW 100 million out of D borrowed money, it will be repaid after three months.”

However, in fact, the defendant was not only a person with bad credit but also a person with a debt of one billion won, used the money borrowed from the victim to pay other borrowed money, and there was no other intent or ability to pay the money to the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, and then deceiving the victim from the victim to the account in the name of his wife G around the 22th of the same month, obtained by deducting three-month interest of KRW 100,000 from the interest of KRW 92,50,000 for the 100,000

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of prosecutorial statement concerning H;

1. Statement of the police statement of E;

1. Third police statement concerning D;

1. Application of a loan certificate (a 33 pages of investigation records) and a copy of the bankbook;

1. The relevant Article of criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the reason for sentencing of sentence [the scope of recommending punishment] General Fraud and No basic area (6-100 million won or less) (6-10 million won or less) of punishment [the decision of sentence] shall be 92.5 million won or less, but the defendant is working to pay damages, such as deposit of 50 million won or more for the victim.

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