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(영문) 대구지방법원 2019.01.31 2018고단5129
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On October 26, 2018, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Daegu District Court. The judgment became final and conclusive on November 14 of the same year.

[2018 Highest 5129] The Defendant, who was aware of the victim B with the victim B, obtained property or financial gains from the victim in sum of KRW 43,649,030 as the loan or credit card use proceeds as follows.

1. Around April 14, 2013, the Defendant made a false statement to the effect that “A” in the “D” store operated by the Defendant located in Yeongdeungpo-gu, Gyeonggi-gu, Gyeonggi-do, the Defendant shall be liable to repay the amount to the Defendant, with the payment of the said money borrowed.”

However, at the time, the Defendant had been unable to repay his/her obligations to financial institutions, and was unable to pay his/her employees’ benefits and taxes due to the shortage of assets or cash otherwise owned in the circumstances of the operation of the said D shop. Even if he/she borrowed money from the victim, the Defendant did not have any intent or ability to repay the borrowed money from time to time as agreed by the victim because it was necessary to pay the money for the repayment of existing obligations.

Nevertheless, the Defendant, by deceiving the victim as above, received 90,000 won from the F Bank account under the name of the Defendant’s mother to the F Bank account in the name of E on the same day from the victim, from that time, and thereafter, from that time,

6.3. up to 3. A total of 35,600,000 won was remitted by the same method over 11 times, as shown in Appendix 1.

2. On November 5, 2014, the Defendant is entitled to receive a full payment of credit card payments from the Defendant’s “H” store operated by the Defendant located in Yeongdeungpo-gu G, Young-gu. Around November 5, 2014.

If four credit cards are lent temporarily, it is necessary to use them for the tax payment necessary for the registration agency business, and it is not necessary to see how to pay the card price by the registration agency business revenue until the settlement date.

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