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(영문) 대구지방법원 2017.06.01 2017고정744
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 10, 2012, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on August 18, 2012.

Around November 12, 2010, the Defendant conspired with B, and made a false statement to the effect that “E” coffee factory office operated by the victim D in Daegu Suwon-gu, D, “B,” “B, due to the lack of local funds already invested, may make profits from the investment of a large amount of KRW 3 billion, and us may pay KRW 100 million with the payment guarantee fee for the work necessary for the loan,” and the victim again asked the Defendant to ask the Defendant again, “The Defendant also made a false statement to the victim, such as “The need to receive KRW 100 million from the fee for the issuance of the payment guarantee”.

However, at the time of fact, even if the Defendant and B received money from the injured party for the purpose of issuing a letter of guarantee for payment, they did not have any intent or ability to receive a normal payment guarantee from financial institutions to receive a loan of 3 billion won, and they intended to use a considerable portion of money from the injured party for other purposes such as personal debt repayment.

In collusion with B, the Defendant received KRW 18 million from the injured party to the bank account (G) in the name of F from the injured party, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Three-time protocol concerning the examination of suspects to the prosecution (including the substitute part) against B;

1. A copy of an investigation report (Attachment of details of transactions of deposits submitted to the suspect F), or a copy of the judgment (Evidence Record 971 pages);

1. Previous conviction: Investigation report (a copy of suspect A judgment and a copy of summary order attached), inquiry into criminal history, etc., and application of Acts and subordinate statutes (No. 2012 No. 2195) as a result of case search;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Attraction of a workhouse;

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