(영문) 대구지방법원 포항지원 2017.07.19 2016고단1426

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(영문) 대구지방법원 포항지원 2017.07.19 2016고단1426

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 27, 2012, the Defendant: (a) obtained a loan of KRW 650,00,000 from the Port Correspondence Cooperation in the name of the Posce and made a loan of KRW 650,000 from the Port Posce in the name of the Posce; (b) performed construction work equivalent to approximately KRW 700,000,000 in total construction cost to remodel the said Mosce; (c) changed the name of the said Mosce to “the name of the said Mosce”; (d) performed the said construction cost payment and the purchase of the said pents, etc., around September 27, 2012; and (d) performed the said construction work in the above E-20,000,000 in the name of the said bank; and (d) received the said 350,000,000 won from the said Moscece; and (d) performed the said construction work by not later than October 30, 30000.

As above, Defendant 1 established the right to collateral security equivalent to KRW 1,55,00,000 in total amount of the claim amount. As such, Defendant 2 was able to obtain additional loans from financial rights because it was able to bear a large amount of debt as above. Although there was no particular property other than the above pention and there was no other income other than profit accrued from the above pention, Defendant 2 did not have the intent or ability to normally repay the amount even if it was borrowed from the victim Ha in the name of operating expenses from the above pention, Defendant 2, as stated in the list of crimes in the separate sheet, provided that Defendant 30,00,00 won was conveyed to the victim within three months after receiving the loan from the victim as collateral and then, Defendant 2 received the total amount of KRW 50,00,000 from her tin to 18, 2013 as stated in the list of crimes in the separate sheet.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to I by the police;

1. Civil rulings, certificates of borrowing.

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