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(영문) 대구지방법원 2015.05.28 2015고단71
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since the Defendant had been in bad credit standing since 2002 and operated a manufacturer and seller of bank supplies under another person’s name, the Defendant was in the state of paying only some interest on loans of 3.5% or 7% or more per month due to a bad credit shortage due to the sales of bank supplies. Therefore, even if the bank supplies are returned to the victim C as security, the Defendant did not have any intent or ability to repay the money borrowed from the victim with the sales of bank supplies, and even if he borrowed money or bills from the victim C, he did not have any intention or ability to repay the money.

Nevertheless, the defendant

1. On April 1, 2010, the victim C’s office warehouse operated by the Daegu Dong-gu, Daegu-gu, would deposit the victim within 2,30 days from the delivery of the goods to the victim within 700 market price of 14,00,000 won from the victim, which was returned from the victim’s seat to the 700 market price.

2. On October 2010, at the warehouse of the office operated by the victim C at the above D on the date of October 2010, the term “the victim will return the goods entrusted as security to Daegu E, which is well known to the victim, and receive the payment within 3-4 days from the victim’s seat,” and then the equipment received money from the victim, i.e., a refund of the amount of KRW 25,000,000, market price of 5,000.

3. On January 31, 201, the victim C’s warehouse operated by the victim C, “The victim supplied goods to G located in Daegu F, but borrowed KRW 15,00,000,00 which received payment ten (10) days after the delivery of the goods to G located in Daegu F.” The victim received 15,000,000 from the victim as the borrowed money from the victim, that is, it was obtained from the victim, and acquired it by fraud.

4. On April 201, 201, at the warehouse of the office operated by the injured party C at the end of the end of the day, the “goods sold to the injured party as security” is returned.

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