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(영문) 대구지방법원 상주지원 2017.08.08 2017고단236
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 2013, 2013, the Defendant: (a) lent money to the victim in the Esing room in the operation of the Victim D, which was in the Seocho-si, for the use of the victim’s operation, “on the part of the part agency operated by the husband; (b) made a false statement that the Defendant would provide the victim with the time-to-face

However, in fact, the Defendant had already been paid the time of receiving the time of maturity, and there was no obligation of KRW 400 million or more at the time of maturity, and the automobile parts agents operated by her husband had difficulties in operating due to financial difficulties, and thus, the Defendant did so so so-called “to prevent a return,” such as borrowing money from another person and paying interest or principal on other obligations. Therefore, even if the Defendant borrowed money from the damaged person, there was no intention or ability to pay the money.

On January 16, 2013, the Defendant acquired KRW 30 million from the injured party as the borrowed money from January 16, 2013 and acquired it by fraud.

2. On December 16, 2014, the Defendant borrowed money from G agency located in F on the street around the day of door-to-door on December 16, 2014 to the victim D to use only a few days if he/she lends money to the part agency operated by her husband.

However, in fact, the Defendant had a debt of at least KRW 400 million at the time, and the agent of automobile parts operated by her husband was also difficult to operate due to financial difficulties, and thus, the Defendant borrowed money from others and paid interest or principal on other obligations, etc. In short, the Defendant did not have any intent or ability to repay the money even if he/she borrowed money from the injured party as there was no other loan than the victim.

Defendant 1 received KRW 20 million from the injured party on the same day as the loan money from the same person on the same day and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The police of D. D.

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