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(영문) 대구지방법원 안동지원 2019.05.22 2018고단378
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 24, 2018, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Daegu District Court, and the said judgment became final and conclusive on September 1, 2018.

【Criminal Facts】

1. On September 29, 2016, the Defendant: (a) around September 29, 2016, at the victim C’s house located in Ansan-si, Dong-si around September 29, 2016, the Defendant loaned KRW 400 million to the victim “The Defendant: (b) provided the victim with a business fund necessary for the expansion of the domestic feed agency’s business; (c) the amount of KRW 48 miles of the penalty, the sale of which was requested to the Na, may be sold for KRW 435 million; (d) the principal amount of KRW 400 million shall be repaid in a lump sum by July 30, 2018; (d) the interest shall be paid at the interest rate of KRW 24% from November 11, 2016 to be paid at the interest rate of KRW 24% per annum; and (d) provided the apartment housing in the name of the son E in its name.”

However, under the circumstances where the Defendant, at the time, bears an obligation exceeding KRW 1.8 billion, the monthly expenditure was limited to KRW 48.5 million because it was difficult for the entrusted sales business operated, but monthly punishment revenue was less than KRW 35,000,00,000, and the Defendant paid the Defendant’s previous obligation by using the word “defensive” such as borrowing money from another person or receiving a lawsuit to repay the obligation, and lending money from another person to another person to repay the obligation. In addition, the Defendant had already established a security transfer for a lawsuit that the Plaintiff provided as security to another creditor, G and H had already established a security transfer for another creditor, and F apartment that was provided as security was already established in a state where another mortgage was already established, and the secured value was not more than KRW 24,50,00,00,000, and even if the Defendant was issued with a plan to use the sales proceeds of the lawsuit and the sales proceeds of the loan from the victim as the money of the Defendant’s gambling to be paid from the victim.

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