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(영문) 대구지방법원 2017.05.12 2017고단763
사기
Text

Defendants shall be punished by imprisonment for six months.

However, the above sentence against Defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B was sentenced to eight months of imprisonment for special larceny in the Daegu District Court Kimcheon on September 26, 2013, and the parole period on February 28, 2014 was expired on April 6, 2014 during the execution of the sentence.

1. The Defendants of the crime committed around August 2014 conduct a project to remodel Defendant B’s constitutional collection in E-cafeteria located in Daegu Northern-gu D on August 2014, and the victim C.

Along with the business funds, the term “to pay the principal and pay the profit if it is lent KRW 10 million” was called as the business funds.

However, in fact, the Defendants did not intend to lend money from the injured party to consume money due to personal debts and living expenses, but did not perform remodeling business. Since there was no particular property or income at the time, there was no intention or ability to repay money to the injured party even if he borrowed money from the injured party.

The Defendants conspired to induce the victim as above and received 10,000 won from the injured party as the borrowed money around August 12, 2014.

2. On October 2014, the Defendants would have been employed by the victims in modern automobiles because they had a friend in modern automobiles because they had a friend in modern automobiles in the vicinity of the Taegu Daegu-gu, Daegu-gu on October 2014.

Along with the loan of KRW 10,00,000,000,000 should be repaid until October 30, 2016.

However, in fact, the Defendants did not have any particular property or income at the time, so even if they borrowed money from the injured party, they did not have any intent or ability to make the injured party take advantage of his or her children into modern automobiles.

The Defendants conspired to induce the victim as above and received KRW 10,00 from the injured party on October 30, 2014, a delivery of KRW 10,000 as the borrowed money.

Summary of Evidence

1. Defendants’ respective legal statements

1. Entry of the Defendants in part of the protocol concerning the interrogation of suspects in each prosecutor's office

1. Entry of C’s statement in prosecutorial statement protocol with respect to C.

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