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(영문) 대구지방법원 경주지원 2016.11.24 2016고단337
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Daegu District Court on July 23, 2010, and was released on March 30, 2012 in the astronomical Open Correctional Institution on parole on the execution of the sentence and on September 2, 2012, and on September 2, 2012, five times of the record of punishment for the same crime.

【Criminal Facts of Crimes】 The Defendant is a director of Steel Manufacturing chain Co., Ltd. who actually operates the said company as a director, and the victim D is a person who operates the steel product by-products (one-name “scoops”) sales company E.

On September 2013, the Defendant made a false statement to the victim’s office located in the Seogu, Daegu Metropolitan City F, that “The Defendant would pay KRW 9.5 million per month to the victim with the loan of KRW 100 million to the company’s operating funds and pay the principal after one year. If the interest is not paid, instead of paying the interest, the Defendant would supply by-products of steel products generated in the process of manufacturing and processing steel by 30 tons per month.”

However, in fact, the Defendant had no particular property or income, and was able to incur approximately KRW 80,000,000,000 as an individual liability. Since C did not normally operate due to the absence of transaction performance, etc., C did not have any profit. Therefore, even if having borrowed money from the victim, it did not have the intent or ability to repay the amount, and there was no intention or ability to supply by-products of steel products to 30 tons per month.

The Defendant received from the victim a total of KRW 100 million, including KRW 80 million around October 7, 2013 and KRW 20 million around October 22, 2013, from the victim to the corporate account of C.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. A complaint;

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