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(영문) 대구지방법원 2015.06.11 2014고단3139
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 3,2510,000 won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

On December 23, 2008, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence on April 26, 2009.

On July 23, 2010, the Defendant issued a false statement to the victim B, “If one set of a charnel house is sold in order to operate a charnel sales business, the amount of KRW 200,000 shall remain. At present, the Defendant entered the office in the new Dong-dong, Daegu-dong, Daegu-dong, and entered the two offices in the new Dong-dong, Daegu-dong, and then, if the transaction performance with the principal bank was accumulated with the principal bank, the Defendant may repay the loan to the principal bank upon obtaining a guarantee from the credit guarantee company.”

However, in fact, the Defendant did not proceed with the business of selling a charnel house, and was under circumstances where the Defendant was unable to repay KRW 12.59 million borrowed from the victim from around 2004 to 2008, and there was no intention or ability to repay the debt such as the borrowed money borrowed from another person, while there was no certain property or income, even if the Defendant borrowed money from the victim due to the lack of any other property or income.

As such, the Defendant, by deceiving the victim, received 4 million won from the victim to the Daegu Bank Account of the Defendant, thereby deceiving the victim.

In addition, the Defendant, from around that time to January 17, 2012, received a total of KRW 32,510,000 through the same method over 32 times as shown in the annexed crime list.

Summary of Evidence

1. Protocol of the police statement concerning B;

1. B accusation;

1. A certificate of borrowing, a statement of each receipt for borrowing, and a copy of each passbook;

1. Before judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (a copy of judgment and summary order attached) (84 pages of investigation records among attached documents);

1. Article 347(1) of the Criminal Act (which covers each fraud of each type of crime No. 1-18, and includes each fraud of No. 19-32, set forth in attached Table 19-32, respectively) and each of the relevant Articles of the Criminal Act regarding criminal facts and the choice of punishment.

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