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(영문) 대구지방법원 서부지원 2017.11.22 2017고정323
사기등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Fraud;

A. (i) On March 5, 2008, the Defendant does not have any intent or ability to repay money from the victim C even if he/she borrows money from the victim C, and (ii) around March 5, 2008, the Defendant would have to repay money from the victim’s home located in Gyeong-gun, Sung-gun, Sung-gun, to the extent that he/she lends money to the victim.

“Along with the end of this month,” the victim shall receive KRW 2 million from the injured party on the same day, and shall receive the money, and shall make a full payment until November 30 of the same year to the victim at the same place on the 31st day of the same month.

"Falsely speaking," 4 million won was granted from the injured person on the same day and acquired it by fraud.

B. The Defendant does not have an intent or ability to pay the rent even if he rents a Track in fact owned by the victim, and the same year does not exist.

4. On 14. Around the same day, the victim will rent 1.3 million won every year on the leased Track for the victim at the same place.

“A person who rents one Trackor from the injured party,” and did not pay a total of 7.8 million won for the six-year period until he disposes of the Trackor in 2013, thereby acquiring property benefits equivalent to the same amount.

2. As described in the above 1-B, the Defendant leased and embezzled the Tracker owned by the victim and sold the Tracker to the victims of the 2.5 million won free of charge at the location of the Hack-gun in the name of the Mack-gun on the date of 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of suspect against a part of the defendant by the prosecution;

1. Statement made by the prosecution against C;

1. Statement made by the police for E;

1. Loan certificates, etc.;

1. Application of the lease agreement, acceptance certificate, sales place by customer, ledger of tax-free petroleum management, details of transactions of individual tax-free petroleum purchase cards, investigation report (verification as to receipt of tax-free petroleum), and Acts and subordinate statutes;

1. Article 347(1) and Article 355(1) of the Criminal Act concerning the facts constituting an offense; Article 347(1) and Article 355(1) of the same Act; and

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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