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(영문) 대구지방법원 2017.01.25 2016고정2549
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and B are siblings, and C is the mother of the defendant.

On June 25, 2001, when the defendant Eul and the victim D possessed 100 million won against the defendant's father He was jointly and severally and severally guaranteed on June 25, 2001, and on March 10, 201, the victim D received a seizure and collection order against the claim 6,101,153 won of the deposit claim that the defendant possessed in the Daegu High Military Court's Daegu High Military Court account.

The defendant, along with B and C, needs the above deposit claim to operate the defendant's excessive work, and once again, he/she would pay part of his/her monthly obligation to the victim.

After the seizure of the head of the Tong was cancelled, a public offering was made to use the above deposit claims.

On March 21, 2016, the Defendant: (a) at the time of “G,” where the Defendant was operated by the Defendant on the Ffolds of Daegu Suwon-gu, the Defendant, via the Defendant’s employees I, who were delegated by the Victim D with the collection of the claim, stated that “The Defendant would give priority to paying KRW 7 million out of his/her obligations, and pay a certain monthly amount, and request the release of seizure to the account of the Daegu Gyeongbuk-gu, Daegu Gyeongbuk-gu, to pay a certain amount.” (b) the Defendant prepared a written statement on the same page, affixed a seal on the name of the Defendant and affixed it to C; and (c) B signed on the side of his/her name.

However, the defendant, B, and C did not have the intention or ability to repay the above obligation even if the injured party has released the seized account.

The Defendant, in collusion with B and C, by deceiving the victim, and by inducing the victim to release the seizure of the Defendant’s account in the name of the 6,101,153 won deposited from the damaged party, and acquired pecuniary benefits equivalent to the same amount from the exemption of the collection of the claim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Statement made by the police against D;

1. Complaint;

1. The letter of debt reimbursement, each case search details, text of the judgment.

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