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(영문) 대구지방법원 서부지원 2016.02.02 2015고단1866
사기
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant, in around 2013, 2013, was a victim D (56 years old) who became aware of in the course of conducting an election campaign in “Chsthead” located in Daegu-gu, Daegu-gu, as a manager of Samsung Securities and Exchange, and was operating a few hundred million won of individual customers’ assets.

It means that the victim's reconcilation was made by deceiving the money from the victim for the purpose of studying funds after the childbirth.

Accordingly, around September 25, 2014, the Defendant requires 25 million won as a study fund to send two children to the victim “in order to send them to New Zealand.”

It shall be repaid six months after the loan of the study fund.

“The purpose of “ was to make a false statement.”

However, the Defendant made an investment in stocks and futures options by borrowing 400 million won from the injured party in order to reach an amount of 400 million won losses by investing in stocks. From August 2014, the Defendant was in a state of being unable to pay credit card payments and loans. From around November 2014, the Defendant was a bad credit holder, and at that time, was a debt for financial rights and 70 million won, and the Defendant did not have any particular property. Therefore, even if the Defendant borrowed money from the injured party, there was no intent or ability to pay interest and principal.

The Defendant, as seen above, by deceiving the victim and deceiving the victim, received 25 million won from the victim to the Samsung Securities Account under the name of the Defendant for the purpose of studying in the country around September 29, 2014, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of account transactions;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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