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(영문) 대구지방법원 포항지원 2018.05.02 2017고단1349
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 2014, the Defendant made a false statement to the victim F in the “E cafeteria” located in the “E cafeteria,” which is operated by the Defendant’s Dong C, to the Defendant’s Dong C, stating that “if this land has only 2 months of the accident, it would be clearly pointing off the land. However, due to the internal credit problem, it is not a position to see the land, but is also a little-off and fright, and if money is loaned in KRW 30 million, it shall be in the name of f in the name of f and shall be repaid with money after two months.”

However, in fact, since the Defendant thought to use money as a loan office operating expense and debt repayment from the damaged party, it was impossible to purchase real estate and sell it again and make no profit from it, and even if he borrowed money from the damaged party, there was no intention or ability to change it later than two months.

Around April 30, 2014, the Defendant received KRW 10 million from the damaged party to the Saemaul Treasury account (H) in the name of the Defendant’s Saemaul Depository account in the name of “Company G” managed by the Defendant, and received KRW 30 million in total by receiving KRW 20 million from the same account around May 19, 2014.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness F, and part of the witness C’s legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the F statement);

1. The part concerning the statement of F in the second police interrogation protocol against the defendant

1. Statement made by the police with regard to F;

1. Investigation report (Attachment of the details of trading inG, all certificates of registered matters, etc.), details of trading by account in G account, and all certificates of registered matters;

1. An investigation report (to be accompanied by an application for loans filed by facsimile);

1. Investigative report (referring to ascertaining transaction records of loan accounts and documents to be registered in whole), inquiry into transaction records of loan accounts, and full certificates of registration;

1. To inquire into the details of payment orders, comprehensive credit reports, borrowed money instruments, and financial network transactions.

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