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(영문) 대구지방법원 포항지원 2013.07.26 2013고단491
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 10:00 on January 22, 2008, the Defendant made a false statement to the victim E from “D household store” on the second floor of C department store in 10:00,000, that “A household shall be paid with interest rate of 8% after three months and eight percent after three months, if the Defendant borrowed money.”

However, in fact, the Defendant, at around January 2004, was a bad credit holder and only 100 million won was liable for the debt, and there was no other property, and around 340 million won was incurred at the expense of opening up the above DD store on or around January 2008, and there was no intention or ability to pay the above DD store more than 30 million won at the expense of opening the business. Since the sales revenue of the household for the purpose of business was high and additional expenses were continued to be incurred within a short period of time, the Defendant could not make a profit within a short period of time. Since it was possible to purchase a new household that must pay about 50 million won of the household purchased on credit and continue to operate the household store, even if he was able to pay the household price first, he did not have any intention or ability to pay it more than 3 months after

As such, the Defendant, by deceiving the victim, remitted KRW 10 million from the victim to the Agricultural Cooperative Account in the name of F on the same day, and transferred KRW 2.9 million to the said account on February 19, 2008, and acquired KRW 27 million in cash on March 2008, and acquired KRW 40 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. In light of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act’s reasoning of sentencing for the crime and Article 347(1) of the Selection of Punishment Act, it is inevitable to sentence imprisonment with prison labor for a severe punishment corresponding to the nature of the crime against the defendant in light of the fact that the defendant acquired 40 million won from the victim in 2008 and did not repay the damage up to

However, from July 20, 2013, the Defendant made an agreement with the victim to pay a sum of 49 million won per month to the victim from July 20, 2013, and the age of the Defendant.

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