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(영문) 대구지방법원 2019.06.19 2019고단1370
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 24, 2018, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Central District Court for fraud, and the said judgment became final and conclusive on February 26, 2019.

On March 17, 2017, the Defendant decided to obtain a loan of KRW 1.0 billion from RabC, where the trade name in Dongdaemun-gu Seoul Metropolitan Government is unknown, to the victim B, “A hospital building is being built in the present Daegu area,” and the loan cost is insufficient. (b) If the Defendant borrowed the amount of KRW 50 million to B, the Defendant would use it as loan expenses, etc. for the loan expense, etc., and pay the principal within 2-day days, and the interest will be paid as much as the principal after the lapse of a certain period, and it would be paid as the principal after the lapse of a certain period.”

However, even if the defendant borrowed money from the victim, he thought that he would use the money for the cost of living such as hospital expenses, etc., but he did not have the intent or ability to repay the principal and interest to the victim with the amount equivalent to one billion won in connection with the construction of the hospital building within 2-3 days.

or the defendant's son operated a large driving school in the Daegu area, which could not be repaid on behalf of the defendant on behalf of the defendant.

Nevertheless, the Defendant, as seen above, was issued KRW 53 million by the victim on April 7, 2017.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of prosecutorial statement concerning B;

1. A photograph of cash custody certificate and a statement of transactions by account attached to a complaint;

1. Credit reports for public institutions:

1. Previous records of judgment: Criminal records, references to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of records identical to those of judgment);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. To treat concurrent crimes;

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