(영문) 대구지방법원 2016.04.12 2015고단6418

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(영문) 대구지방법원 2016.04.12 2015고단6418

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operates a supermarket with the trade name of “D” in Daegu Dong-gu C.

After the divorce, the Defendant was in a situation in which the Defendant was unable to pay the price of the goods supplied to the marina in an economically difficult situation due to the repayment of loans, etc. incurred while operating the said marina, which was inherited by the former husband, and the Defendant was in mind to receive the price of goods from the injured party E by using a friendly relationship with the victim E operating the restaurant in the vicinity of the said marina.

On December 2, 2011, the Defendant borrowed money to the victim from the Mart operated by the Defendant to pay the value of the goods supplied to Mart. 1, 201. The Defendant would pay money to Mart 1, 201.

The phrase “ makes a false statement.”

However, since the Defendant did not have any special property and the obligation to pay for the financial rights amounting to KRW 50 million, the Defendant did not have any intention or ability to repay even if he borrowed the money from the injured party.

On December 21, 201, the Defendant received from the injured party KRW 5,00,00 in total on 42 occasions, such as the content of the crime list, by June 26, 2014, a total of KRW 44,76,670, as stated in the list of crimes, from around December 21, 201.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A loan certificate, a detailed statement of account transactions, a written decision on the Daegu District Court Decision 38806 dated 2015, a written application for a payment order, and a list of personal rehabilitation creditors;

1. Investigation Report (Submission of the civil judgment and record in civil case which is the complainant) [1] At the time of filing an application for personal rehabilitation, the defendant filed an application with ten creditors to have a debt of 100 million won or more to them, and had a considerable amount of debt at the time of borrowing money from the injured party.

② At the time of borrowing money, the Defendant’s supermarket was in operation.

3. Despite these circumstances, the Defendant is operating the supermarket.

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