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(영문) 대구지방법원 안동지원 2016.05.13 2016고정20
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 26, 2013, the Defendant committed the crime to the victim B around July 26, 2013: “Around July 26, 2013, if the Defendant lends money to the victim B, he/she shall be paid back later.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have a fixed income because his body condition at the time was not good and there was no fixed income, and there was a reason to live with the insurance company loan, so even if he borrowed money from the victim, he did not have the intention or ability to pay it.

The defendant deceivings the victim as above and acquired 1.5 million won from the victim to the Agricultural Cooperative Account under the name of the defendant.

2. On August 30, 2013, the Defendant of the crime committed around August 30, 2013, if he/she lent money to the said victim “on the card value,” he/she will be paid to the following month.

The phrase “ makes a false statement.”

However, even if the defendant borrowed money to the victim for the reasons such as Paragraph 1, he did not have the intention or ability to repay it.

The defendant deceivings the victim as above and acquired 1,160,000 won from the victim to the Agricultural Cooperative Account under the name of the defendant.

3. On September 30, 2013, the Defendant committed the crime: (a) around September 30, 2013, the Defendant borrowed money from the above victim around September 30, 2013 to operate the C. 5 million won.

A loan of KRW 5 million shall be repaid later.

The phrase “ makes a false statement.”

However, the Defendant’s children were in a state of bearing a large amount of loans in operating the above-mentioned kn's lending, and the Defendant also did not have the intent or ability to repay the loans to the victim for the same reason as the Defendant’s kn's lending of money.

The defendant deceivings the victim as above and acquired 5 million won from the victim to the Agricultural Cooperative Account under the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Statement made by the complainant and the police against B;

1.Each investigation report (absent to the documents submitted by the complainant);

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