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(영문) 대구지방법원 2017.11.23 2017고단2295
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 23, 2015, the Defendant against the victim C is expected to fully repay the victim C at the “E” coffee shop operated by the Defendant located in Daegu-gu, Daegu-gu, Seoul-gu, within 13 months if her mother loans the Afred money.

The phrase “ makes a false statement.”

In fact, the Defendant was bad credit holders at the time, and the coffee shop was not well operated, and was thought to use approximately KRW 200,000,000 from the loan company until then the loan company, etc. for the repayment of the debt to others, living expenses, etc., so even if he borrowed money from the damaged party, the Defendant did not have the intent or ability to pay the borrowed money as agreed.

The Defendant received from the injured party a total of KRW 1,350,00,000,00,000,000 from around August 16, 2015, and KRW 6 million around September 21, 2015.

2. On May 2, 2016, the criminal defendant against the victim F is expected to repay the victim F with money to the victim F within 10 months if her mother lends money to open.

The phrase “ makes a false statement.”

In fact, the defendant did not have the intent or ability to repay the borrowed money as agreed even if he borrowed the money from the damaged person for the same reason as stated in paragraph 1.

The Defendant received from the injured party a total of KRW 5,90,000,000,000,000 from around September 2, 2016, including KRW 3,000,00,00 from around May 2, 2016, for the purpose of borrowing money.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s legal statement (in a case where the statement is inconsistent with the investigative agency on the main part of the criminal facts, such as the background leading up to the lending of money, and the preparation of a letter, there is credibility in light of the legal attitude of the statement, etc.

Although there are some differences between the statements in investigative agencies about detailed monetary transactions, it seems that the victim depends on memory without viewing the details of the passbook transactions.

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