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(영문) 대구지방법원 안동지원 2017.07.11 2016고단618
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On March 2015, the Defendant tried to newly build a 14-household 14-household in the name of the victim D at an office at the site of the new construction site of Ansan-si, Andong-si.

ms. In order to obtain a loan for the construction cost from the Daegu St Savings Bank, there must be a capital of KRW 120,000,000,000, to be shown to the said Savings Bank. It is intended to make a loan of KRW 140,000,000 (No. 301), the title of this construction site, and the glass construction.

If the Corporation is not properly performed, it will return its capital which is included in the ms savings bank.

“A false representation was made.”

However, in fact, E had not been related to the instant construction by removing losses from the instant construction, and it was thought that 300 million won of its own capital was available in order to obtain a PE loan from mp savings bank, but the Defendant was unable to secure funds corresponding thereto, and the Defendant was able to receive a loan instead of PE loan, and was able to use the funds borrowed from the victims for personal debt repayment and living expenses in addition to the construction cost.

However, on March 6, 2015, the Defendant received a letter of KRW 60 million on one’s own check from the injured party for investment in front of the central office of the National Bank of Korea on March 6, 2015. On the 19th of the same month, the Defendant received a letter of KRW 60 million on one’s own check from the above office, and acquired a total of KRW 120 million.

Summary of Evidence

1. Each legal statement of the witness D, F, G, H, and I;

1. Entry of each part of the protocol of the police and the examination of the suspect against the accused in the prosecution;

1. Each investigation report (as a result of the execution of a warrant related to the check before the present case, J. J. The result of the execution of this warrant -2, K telephone call which is the presentation of this check, and reference L.);

1. A copy of an investment contract;

1. A copy (M, N) of each check at its own expense (M, N). The foregoing evidence, in particular, from the initial statement at the police.

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