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(영문) 대구지방법원 김천지원 2016.12.21 2016고단945
사기
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

The Defendants are married couple.

On August 25, 2011, the Defendants made a false statement to the victim D’s house located in the Gu-U.S. Simdong, stating that “on the loan of KRW 10 million to the victim, the Defendant would pay the principal by paying interest on the loan of KRW 10 million.”

However, in fact, the Defendants had a large amount of obligation, and there was no particular income, and there was no intention or ability to repay the money even if they borrowed money from the victim.

The Defendants received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, from July 24, 2015, the Defendants received a total of KRW 139 million from the time to July 24, 2015, including the transfer of KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant.

As a result, the Defendants jointly received the goods by deceiving the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Each police statement concerning D;

1. A complaint, a certificate of borrowing;

1. Account transactions statement, etc.;

1. The draft repayment plan, etc. [In full view of the economic condition of the Defendants recognized by the above evidence, the background of the loan and the details of repayment in this case, etc., the Defendants borrowed money from the victim to raise money necessary for an urgent and reasonable manner despite being aware that it is practically difficult for the Defendants to repay the principal, and the victims trust that the Defendants, who were the farmers, would be able to repay their bonds with the profits of the farm company, or trust that they would be able to repay their bonds even if they are not so, and trust that they would be able to repay their bonds even if they are able to repay their bonds with the profits of the farm company, and lend money to the Defendants. Accordingly, the Defendants’ intent to commit the act of deception and

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act and the reasons for sentencing selective to imprisonment

1. Basic area (one to four years) of types 2 (not less than 100 million won, and less than 500 million won) of general fraud criteria; and

2. The crime of this case in which the sentence of sentence was determined.

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