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(영문) 대구지방법원 서부지원 2019.11.21 2018고정526
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that there is no substantial disadvantage in exercising the defendant's right of defense.

On August 10, 2016, the Defendant made a false statement to the effect that “C” office located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, the Defendant would receive KRW 2,500,000 per month from the victim “D while serving in the Republic of Korea” via telephone, and would pay the principal and interest for 60 months from September 15, 2016 when lending KRW 5 million.”

However, at the time, the Defendant did not have any special property or income, and had a debt equivalent to KRW 400,000,000, and the Defendant was unable to pay the rent because of the failure of the Defendant to properly operate the loan, and the Defendant received the loan and repaid the existing loan so-called repayment so long as the previous loan was repaid, so the Defendant did not have any intent or ability to pay the Defendant’s loan obligations for the victim for reasons such as temporary short-term financing, not for the temporary suspension of payment, but for the accumulation of excessive debt.

Nevertheless, the defendant, by deceiving the victim company, received KRW 5 million from the victim company to the E bank account in the name of the defendant under the name of the victim as a loan, thereby incurring damages equivalent to the above amount, and acquired and acquired pecuniary profits equivalent to the above amount.

Summary of Evidence

1. Legal statement of witness F;

1. Complaints-Presidents and loan standing details, loan agreements, credit standing information, loan transaction contracts, and written confirmation of subscription to pension calculation purpose (individuals);

1. A written statement of investigation report (Attachment of statements)-F;

1. The response to the order to submit the document (the voice file in which the Defendant recorded the contents of the telephone at the time when the Defendant applied for a loan to D) - USB - the voice of the file in which the process of the Defendant applied for a loan to the victim company by telephone is recorded.

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