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(영문) 대구지방법원 김천지원 2014.12.16 2014고정462
사기
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. On September 2, 2011, the Defendant entered into a false statement on September 2, 201, 201, stating that “When she appears, she shall purchase additional 10 million won, and if she borrowed money, she will use the borrowed money for three months if she borrowed money.”

However, at the time, the defendant borrowed money from the victim to repay the unpaid purchase price to the customer, and even if the defendant borrowed money from the victim due to the deterioration of financial situation to the extent that the monthly payment obligation of the sales outlet becomes overdue due to the lack of special property, the defendant did not have any intent or ability to repay the money after three months.

The Defendant received 10 million won from the victim to the account of community credit cooperatives (F) in the name of the Defendant on the same day under the pretext of borrowing money.

2. Around March 30, 2012, the Defendant: (a) made a false statement to the victim C on March 30, 2012, stating that “If the Defendant borrowed five million won to require the payment of money, he/she shall be held responsible for the payment of money only several months; and (b) he/she shall be held responsible for the payment of money.”

However, at the time, the defendant was not required to pay the money, and the defendant thought that he would lend his existing debt from the victim to pay the remainder as operating expenses. In the absence of any special property, the defendant did not have any intent or ability to pay the money borrowed from the victim due to the aggravation of the financial situation to the extent that the monthly payment obligation of the sales outlet would be delayed due to the failure of funeral in the state of the defendant's operation as well as the failure to pay the money.

The Defendant received five million won from the victim’s house in the old-si G apartment 602 Dong 1001 on the same day as the loan money from the victim.

Summary of Evidence

1. Partial statement of the defendant (excluding part of the criminal defendant's criminal intent);

1. C’s legal statement;

1. The second police against the defendant;

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