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(영문) 대구지방법원 2016.11.17 2016고단2257
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daegu District Court on February 5, 2015, and the judgment became final and conclusive on February 6, 2015.

1. On March 2012, the Defendant made a false statement to the victim E in the office of the Dispute Resolution Co., Ltd., the Defendant, the Defendant, at the early May 2012, 201, stating that “The Defendant would pay KRW 220 million, including interest rate of KRW 20 million, if he/she borrowed KRW 200 million.”

However, in fact, the Defendant had no intention or ability to repay the personal debt at the time, even if he did not have to purchase the scrap metal at the construction site as close as KRW 300 million, and even if he borrowed money from F.

Around March 2, 2012, the Defendant, by deceiving the victim as above, received KRW 200 million from the victim to the new bank account D in the capacity of the purchase fund for scrap metal at the above removal site.

2. On April 2012, the Defendant concluded that “Around the end of 2012, the Defendant had a large number of waste electric wires stored on G high water located in the Gyeong-nam Chang-gu, with the purchase of those wires, and then would have a large amount of profit if the Defendant purchased them and sold them. If the Defendant borrowed KRW 200 million for the purchase of waste electric wires, the Defendant would pay KRW 225 million including interest within two months.”

However, the defendant did not have any intent or ability to repay his personal debt at the time, even if he did not have any intent to purchase G closed cable and borrowed money from the victim.

Around April 30, 2012, the Defendant, by deceiving the victim as above, received KRW 200 million from the victim to the Agricultural Cooperative Account in the name of the Defendant for the purchase cost of the above waste cable.

3. On May 2012, the Defendant loaned the purchase price to the victim “on the other hand, if it is necessary, KRW 100 million out of the above borrowed money.”

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