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(영문) 대구지방법원 2015.07.07 2015고단532
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around September 2013, the Defendant: (a) at the Dcar Center located in Daegu Suwon-gu C, the Defendant paid KRW 40 million to the victim E, and (b) paid KRW 40 million remaining loans, and (c) borrowed KRW 10 million to the residents in the private village. If the Defendant borrowed KRW 10 million, he/she will be aware of the remainder of KRW 20 million. On or after the second month, he/she would be able to receive a loan of KRW 40 million, and thus, he/she received KRW 95 million from the victim on September 30, 2013.

Since then, the Defendant, at the Kack Center on October 18, 2013, borrowed money from the victim E to the victim E by reducing the deposit amount of 20 million won, and at the same time, borrowed money from 80 million won to 100 million won again. The Defendant borrowed money from the Defendant’s Daegu Bank on October 18, 2013, and then received money from the victim as the borrowed money. The Defendant was transferred KRW 13 million to the said Daegu Bank account in the name of the Defendant and KRW 7 million from the same account on the 22th of the same month.

However, in fact, the defendant was liable for the debt equivalent to KRW 100 million at the time, and even if he borrowed money in a situation where it is economically difficult to pay the monthly rent of the Ka Center, he did not have an intention or ability to pay it on the date of the promise.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received a total of KRW 29.5 million from the victim as the borrowed money and acquired it by defrauding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Details of transactions of inputs;

1. Application of Acts and subordinate statutes to investigation reports (in relation to suspect's places of use of damaged materials);

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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