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(영문) 대구지방법원 서부지원 2019.10.31 2018고정783
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 10, 2017, the Defendant made a false statement to the victim B, who was fluorous, with the trade name in Yongsan-do, Daegu-gu, Daegu-gu, stating, “I would pay money within two months if I would lend money to the fluor.”

However, the Defendant paid interest of KRW 3.7 million per month on the loan of KRW 650 million, which was only the only property at the time, as security. However, the Defendant received credit card loans without any certain occupation or income, and paid credit card loans at one place where it was anticipated to pay the credit card loans, and paid the credit card loans at another place. Around August 2017, the Defendant was in charge of credit card loans at KRW 17 million, but there was no longer a return and no other property with security value, and thus, the Defendant did not borrow bonds as security. Although the land category of the said real estate was changed, the Defendant did not have any intention or ability to pay the loans even if he/she borrowed money from the victim, such as specific confirmation of land category increase possible or he/she did not make efforts to change land category or permit.

On September 11, 2017, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the victim; and (c) transferred KRW 3 million to the Daegu Bank Account in the name of C.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint - a statement of remittance;

1. A detailed statement of bankbooks issued under each suspect's name;

1. Application of Acts and subordinate statutes to investigation reports (in cases of persons for reference D or E phone investigation);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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