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(영문) 대구지방법원 2017.01.25 2016고정1556
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal records] On October 29, 2013, the Defendant was sentenced to imprisonment for one year with prison labor for fraud at the Daegu District Court, and the judgment was finalized on November 6, 2013. On November 29, 2013, the Daegu District Court sentenced to imprisonment with prison labor for a two-year period of suspension of execution on October 7, 2013, and the judgment became final and conclusive on December 7, 2013.

[Criminal facts]

1. On May 12, 2012, the Defendant called “A victim C who was aware of ordinary knowledge and used for lending” and then repaid money to another person even if the Defendant borrowed money.

‘False speech' was made.

However, the defendant thought that he borrowed money from the victim without any special property to D, who is the defendant's seat, and there was no intention or ability to immediately repay the money to the victim with the loan from another person.

The defendant deceivings the victim as above and acquired 2 million won from the victim as the loan money on the 16th of the same month from the victim to the agricultural bank account in the name of the defendant.

2. On June 2012, 2012, the Defendant called the victim and called the victim to “where there exists a place to use”, and thus, leased KRW 2,00,000 to the victim. The Defendant would be able to combine the loaned money up to the loaned money prior to that end and repay all of KRW 4 million.

‘False speech' was made.

However, in fact, the defendant thought that he borrowed money from the victim without any property to D, who is the defendant's seat, and there was no intention or ability to immediately repay the money to the victim with the loan from another person.

The defendant deceivings the victim as such, and his deceivings the victim, the same month from the victim.

8. It received 2 million won as a loan and acquired it through the above NongHyup account.

Summary of Evidence

1. Part of the defendant's legal statements;

1. The legal statement of the witness C;

1. Details, text messages, and a statement of deposit transactions;

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