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(영문) 대구지방법원 서부지원 2019.07.04 2018고단2633
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant had a relationship with the victim B from March 2017 to July 201 of the same year.

On May 24, 2017, the Defendant, in front of the Defendant’s residence in Seo-gu, Seo-gu, Daegu, stated that “The Defendant would immediately repay a loan from a financial institution to a financial institution until October 31, 2017, with a loan extended in four names, if the Defendant borrowed money from a savings bank, etc., to the extent that the amount was KRW 91,00,000,000, and was not repaid.”

However, the Defendant, without any special property at the time, was liable to a financial institution equivalent to KRW 100 million, and the Defendant did not have any intent or ability to repay money from the victim even if he borrowed money from the victim due to the lack of economic situation, such as the credit rating of Grade 7.

Nevertheless, the Defendant: (a) by deceiving the victim as above and having the victim borrow a loan of KRW 91 million from a financial institution, such as D Bank; and (b) received KRW 67.5 million from the victim; and (c) by having the victim pay KRW 11,229,012 as interest on the above loan to the above financial institution, the Defendant acquired pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Investigation reports (in relation to the submission of detailed statements of transactions), investigation reports (Evidence Nos. 15), and investigation reports (calculated amount of damage);

1. Application of Acts and subordinate statutes to the loan certificates, liquidity trading records, sculptures, and details of deposit and withdrawal transactions;

1. The sentence of a criminal defendant is inevitable in light of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act’s reasons for sentencing of the crime and the fact that the amount of damage in the instant case is considerable but not recovered from damage, etc.

However, the defendant.

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