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(영문) 대구지방법원 2014.09.04 2014고정323
사기등
Text

Defendant

B The Defendant A shall be punished by a fine of KRW 10,00,000, and a fine of KRW 5,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. As the Defendants’ joint criminal conduct requires a loan due to the shortage of operational funds of Defendant B’s operation “F” in Daegu-gu, Daegu-gu, the Defendants already offered to the relevant savings bank as security, and offered to borrow money as security for the said private letter or real estate rental deposit with no value as security.

In March 2012, the Defendants issued the above private letter or real estate lease agreement to Defendant A. Defendant A, while Defendant A displayed the said lease agreement with the victim, who borrowed money due to the lack of the cost of taking a bath bath repair. In addition, there is no problem in receiving money because there is a 30 million won for taking a bath rental deposit.”

However, in fact, the above private house rental deposit has already been provided as security to the Yudo Savings Bank, and there has been no value of collateral. Defendant B had already been borrowed KRW 250 million from I due to the above private house, repair expenses, etc. and did not pay interest thereon properly. Thus, even if borrowed money from the victim, there was no ability to repay it.

The Defendants conspired to induce the victims as above and received from the victims the delivery of KRW 19.2 million on March 26, 2012 and KRW 10 million on March 30, 2012 on the pretext of the borrowed money.

B. On March 2012, the Defendants made a false statement with the victim K’s house located in Daegu-gu J apartment No. 106-403, Gyeongdong-gu, Daegu-gu, 2012, that “The Defendant A may receive interest from the victim if he/she lends money to the victim because he/she has a bath bath in his/her well-being and the cost of repairing bathing is insufficient. Moreover, there is no problem in receiving money because he/she has 30 million won for a bath rental deposit.”

However, the above private letter of trust deposit has already been provided as a security to the Nurido Savings Bank, and there was no value of the security.

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