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Reasons
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(영문) 대구지방법원 2016.07.22 2016고정1023
사기
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On August 14, 2014, the Defendant lent KRW 50 million to the victim B, and prepared and issued a fair certificate of debt repayment contract with respect to KRW 50 million from the victim B.

Since then, from September 15, 2014 to November 18, 2014, the victim B stated that the defendant's principal and interest amounting to KRW 53.9 million is KRW 51.3 million, but this seems to be an error in calculating KRW 53.9 million.

both B and C have been fully repaid.

Nevertheless, the Defendant issued a complaint on the occurrence of losses from a separate business with the victim B, and (1) on January 14, 2016, the Daegu District Court issued the above fair deed, and (2) on January 14, 2016, part of the facts charged out of the total of KRW 50 million and interest KRW 12.5 million and interest KRW 62.5 million are 62.5 million. However, according to the record No. 68 of the record, the claim amount is written as part of the total amount of KRW 62.5 million, and even if the correction is made, it is deemed that there is no hindrance to the Defendant’s exercise of the right of defense. Thus, the correction is ex officio.

(2) On January 15, 2016, the Daegu District Court issued a seizure and collection order against each of the above deposit claims B victim B and B victim D by applying for a seizure and collection order against the debtor's joint guarantor C's deposit claims on January 22, 2016, and received a seizure and collection order under 614 from the above court that he/she was aware of the repayment on January 22, 2016. (2) On January 15, 2016, the Daegu District Court issued the above 62.5 million won as the claim claim against each of the deposit claims B and B victim D by applying for a seizure and collection order as 2016 another claim and 96 from the above court that he/she was aware of the repayment on January 21, 2016.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against B;

1. B accusation;

1. A copy of a written decision to seize and collect each claim;

1. A certificate of the repayment contract for the obligation with the transfer of bonds;

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