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(영문) 대구지방법원 2015.12.18 2015고단1357
사기등
Text

Imprisonment with prison labor for each of the crimes in the 2015 Highest 1357, 2015 Highest 4174, 2015 Highest 4529 decided by the defendant, and the remainder.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to a suspended sentence of two years on January 4, 2013 by imprisonment with prison labor for fraud, etc. at the Daegu District Court, which became final and conclusive on January 4, 2013.

around 2009, the Defendant was sentenced to imprisonment with prison labor for a year and eight months at the Daegu District Court on August 17, 2012, and was detained under the statutory detention on the grounds of fraud, etc., even though he borrowed KRW 300 million from D in the name of the operating expenses of the said main office in the operation of the “main office” located in the Daegu Suwon-gu Suwon District Court.

Accordingly, the defendant around December 17, 2012, at the Myeong-gu Dog-dong, Daegu Suwon-gu, Daegu-dong, the defendant paid the victim E with the "200 million won which has not yet been repaid to the D president" in lieu of the victim E.

1. To have a person who has ability to perform his/her obligations (at least 200 million won of property) prepare a notarial deed of performance of obligations within two months after release, and to establish F in relation to the above agreement of performance of obligations as a joint and several surety;

2. Within six months after the release, 50 million won out of 200 million won shall be reimbursed first;

3. In order to operate again the above "main place" which had been previously operated, there is a promise with the owner of the building. Accordingly, the tenant's name will be cancelled in the name of the victim, and the right to claim the return of the lease deposit will be secured as security for the amount of KRW 150 million in borrowed money.

The term "statement of performance" with the content of "statement of performance," and the term "statement of performance," with the D president's false statement that he/she shall be paid in lieu of 200 million won which has not yet been paid.

However, in fact, from March 2010 to August 2010, the Defendant was in a state of poorness with the operation of the main office, and from August 2010 to August 31, 2010, the Defendant delayed to pay rent of KRW 8 million monthly from around August 201. On August 31, 2010, the Defendant already borrowed KRW 80 million from the dlim mutual savings bank as security the above main office lease deposit refund claim, etc., and not only did the said lease deposit refund claim have the value as security but also did not operate the said “main office” again, but also did not have a building owner and the said building owner.

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