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(영문) 대구지방법원 2017.06.29 2016고단239
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around November 2012, the Defendant: (a) went to a “D” business operated by the Victim C (hereinafter “D”) (hereinafter “D”) in Sinsi-si in Sinsi-si; (b) laid to a customer for a long time in the open space in the said business; and (c) laid down a pro rata with the victim; and (d) displayed a plan for the business of establishing Sinsi located in Pyeongtaek-si, prepared by the Defendant, carried out the business of establishing Sinsi-si; (b) provided a loan consulting business; and (c) provided that there was a few hundred billions if this is well-known; and (d) provided that the victim’s reconvened with the victim.

1. Fraud;

A. On November 27, 2012, the Defendant made a false statement to the victim at Daegu, stating that “If the Defendant borrowed KRW 100,000,000 to require up-to-faceing expenses, he/she shall immediately make up for it.”

However, in fact, the possibility of success in the business of the establishment of scrapped factories promoted at the time of the defendant and the possibility of loans secured by the factory site was not clear, and the defendant could not use the account under the name of the defendant because he did not repay 30 million won of bank loans to the defendant, and even if he did not borrow money from the injured party because he did not have any particular property or fixed income, he did not have an intention or ability to repay it.

Defendant 1, as above, appears to be a simple clerical error in the indictment by the time of August 19, 2013, including the deception of the victim and the transfer of KRW 100,000 from the victim to the Daegu Bank account in the name of the Defendant’s wife, and thereafter, the Defendant appears to be a simple clerical error.

Attached Form

A total sum of KRW 33,250,000, such as a crime inundation (1) was remitted and acquired through the remittance of 33,250,000 won.

B. On December 8, 2012, the Defendant issued a modern card with the victim’s name at the Marina, 2012 Marina, 2012, which read, “I immediately leave the money to this card, even if the money was cut back, I shall pay back the money.”

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