(영문) 대구지방법원 2017.07.13 2016고단6658

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(영문) 대구지방법원 2017.07.13 2016고단6658

사기

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant committed the crime of April 23, 2013: (a) around April 20, 2013 to 21, 2013; (b) the victim C provided that “it may pay the amount of money borrowed from the proceeds obtained from the sale after the withdrawal of the auction as above, to the purchaser who had already withdrawn the auction under consultation with E, a real estate-related creditor; and (c) the victim C provided that “it may pay the amount of money borrowed from the proceeds obtained from the sale after the withdrawal of the auction.”

However, in fact, the Defendant was liable for a large amount of debt to F at the time, such as paying 535 million won or more, and the Defendant used the above borrowed money for personal debt repayment, etc. Therefore, even if he borrowed money from the injured party, the Defendant did not have any intent or ability to pay the principal and profit.

Around April 22, 2013, the Defendant received KRW 15 million in total from the damaged party, such as receiving KRW 5 million in the name of the Defendant’s agricultural bank account (number G: G) from the damaged party, and receiving KRW 20 million in total, such as receiving KRW 5 million in loan around the 23th of the same month.

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

2. On June 4, 2013, the Defendant committed the crime on June 4, 2013, called “around June 4, 2013, the Defendant: (a) phone called to the said victim C; and (b) called “around lending KRW 10 million to B, the Defendant would make the said victim repay the principal of the borrowed money and its profits as soon as possible.”

However, the defendant has no intention or ability to repay the principal even if he/she borrows money from the damaged party due to economic difficulties due to the reason that the amount of debt that he/she has to pay to F at the time is superior to KRW 535 million, etc.

Around June 4, 2013, the Defendant is the Agricultural Cooperative Account (Serial number: G) in the name of the Defendant from the damaged party.

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