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Reasons
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(영문) 대구지방법원 서부지원 2019.10.24 2018고정599
사기
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 19, 2012, the Defendant stated that “A” office of the Daegu Seo-gu B building C, the Defendant would lend 10 million won to the victim E with interest rate of 30% per annum, and would complete the principal and interest payment three months thereafter. Moreover, the Defendant would provide the victim E with a claim for refund of the security deposit for the security deposit for the rent for the 25 square meters on the left-hand side of the 1st floor of the Daegu Seo-gu, Daegu Seo-gu, which is currently operated as security.”

However, even if a person borrows money from the victim, he did not have the intent or ability to repay the money, and the deposit of the principal store offered as security is more than five million won, and the deposit remaining at the time was not paid in full monthly rent, but less than five million won.

The Defendant, by deceiving the victim as such, received 8.7 million won from the victim to the account of the Defendant after deducting 1.3 million won, such as notarial expenses and advance interest, under the pretext of the loan, from the victim’s position.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E: A written confirmation of the results of electronic financial transfer, an authentic copy of a notarial deed, a certificate of borrowing, a written decision on a seizure and assignment order of claims, a certificate of borrowing, and a written full certificate of each registered matter;

1. A complaint;

1. A statement of account transactions;

1. Investigation report (H currency content), investigation report (Submission of real estate lease contract),- the application of Acts and subordinate statutes concerning real estate lease contracts;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the defendant is against whom the amount of damage is paid, the amount of damage

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