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(영문) 대구지방법원 2015.07.15 2015고정601
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around July 20, 2010, the Defendant stated that “A” restaurant where the Defendant in Daegu-gu Dong-gu (U.S.) works for the Defendant, “C,” the Defendant would make a false statement to the Victim D that “A would be paid late at least ten (10) days of the date of directors when the deposit for house lease currently living in would be paid at the end of 10,000,000 won.”

However, in fact, the Defendant had no particular property, and the obligation was 80 million won, and the lease deposit amount of KRW 10 million was already attached to the Cheongpo-gu, Daegu-gu, Daegu-gu, where the Defendant was living due to the said obligation, and thus, there was no intention or ability to repay the loan even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim the money from the victim to the account in the name of F, a parent of the Defendant, in the name of borrowed money, and acquired the money by fraud.

around 18:00 on October 31, 201, the Defendant stated that “Around 2015, the Defendant would pay the amount of money because of the monthly wage of the instructors who work at a school in South-west. If the Defendant lent KRW 5 million to a school in November 20, 201, he/she would return to the school in return for tuition fees.”

However, in fact, the husband did not operate a private teaching institute due to the death of two years prior to the death of the husband, and the husband did not have any intent or ability to pay the debt amounting to 6 million won per month with the amount of 6 million won and 800,000 won per month income, even if he borrowed money from the victim, even though he did not meet the house and living expenses.

The Defendant, as above, by deceiving the victim, received KRW 5 million from the victim to the account in the H’s name, which was the son of the Defendant on the same day.

Summary of Evidence

"2015, 601"

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A statement of remittance and a certificate of borrowing of funds "2015, 729";

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