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(영문) 대구지방법원 서부지원 2014.08.28 2014고단914
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 38,600,000 won to the applicant for compensation.

3.2

Reasons

Punishment of the crime

1. On January 4, 2011, the Defendant told the victim B to pay the interest and the principal by the end of May, 201, in a mutually influent restaurant located in the Seogu Seo-gu, Daegu-gu, that “if the funds are extended and the funds are insufficient, the Defendant would repay the interest and the principal by the end of May.”

However, there was no expansion of business, and around three years ago, the Defendant was in excess of 100 million won due to difficulties in the operation of the factory, and there was a situation where employees were unable to pay wages, and thus there was no intention or ability to pay the money even if borrowed from the victim.

On January 5, 201, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Daegu Bank Account (C) in the name of the Defendant on January 5, 201, KRW 10 million from the said account on February 18, 201, and KRW 10 million from the said account on February 21, 201.

2. Around March 31, 2011, the Defendant called “E” factory operated by the Defendant in Daegu-gun District Court Decision 2000,000 won by phoneing the victim to the “E” factory operated by the Defendant, and saying, “A factory may not be operated unless the hospital cost is resolved unless the hospital cost is resolved because the company employees are in the process of performing their duties.”

However, in fact, since employees' monthly pay and the amount of goods required to be paid was smuggling, even if the victim borrowed money from the victim, there was no intention to use the borrowed money as hospital expenses, and there was no intention or ability to pay the borrowed money.

The Defendant, by deceiving the victim as such, received 8.6 million won from the victim to the Daegu Bank Account under the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1) and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

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