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(영문) 대구지방법원 2016.11.24 2016고단4686
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

Around January 5, 2016, at the victim D's house located in Daegu Suwon-gu, the Defendant concluded to the effect that "G that there is a person who operates an overseas master shop in F in Daegu Suwon-gu E, and if G lends the purchase cost of goods sold in the above store to G, it may receive 10% of the principal interest per month from G and deliver it to G, so it may lend money to G, and there is a difference in lending money to G, and as G deposits of heritage in one trust, it receives KRW 21.5 million per month interest per month, and if G is unable to pay its money, it shall be repaid instead of paying its money."

However, the above G merely did not operate an overseas life store with the intent to borrow money from the victim, and even if the Defendant borrowed money from the victim, it was intended to use it for personal purposes, such as living expenses and the Defendant’s business funds, etc., and did not have received any money from the victim, and therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the agreed interest or to pay the principal.

As above, the Defendant, by deceiving the victim as above, received KRW 2,517,00 from the victim into the Daegu Bank Account (I) in the name of H on the same day, and received KRW 2,517,00 in total eight times from around that time to March 3, 2016, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A copy of a loan certificate, a copy of the complainant's bank account details, a copy of the copy of the document of transactions by the complainants, a copy of the ledger of exchange received by the complainants, receipts, receipts, detailed inquiries into the details of transactions, printed out mobile phone text messages sent by the suspect, Daegu bank account details by the complainants, the details of criminal suspect H Daegu bank account transactions, each suspect H company bank account details, and the application of statutes.

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