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(영문) 대구지방법원 포항지원 2018.11.01 2017고단1625
사기
Text

A defendant shall be punished by imprisonment for two years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal records] On June 21, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud in the Daegu District Court Port Branch Branch of the Daegu District Court, and the judgment became final and conclusive on June 29, 2017.

[Criminal facts] Defendant 1 is a person operating a false wholesale store in the name of “D” in North Korea-gu, Mapo-si, and the victim B was aware of the Defendant through the introduction of approximately 17 years ago.

1. Fraud of a loan related to the fraternity;

A. On November 20, 2012, the Defendant: (a) around November 20, 2012, the Defendant subscribed the Defendant to the Defendant’s license plate from November 20, 2012 to July 20, 2014 and paid a monthly payment to the Defendant.

When a mutual savings bank fails to pay a mutual savings deposit, it shall pay a mutual savings deposit in lieu of a mutual savings bank and shall pay it without a mutual savings bank.

The phrase “ makes a false statement.”

However, the defendant did not have the intention or ability to repay even if he pays the amount of money in lieu of the injured party because the amount of money exceeds the amount of money to pay 50 million won per month as interest on the debt at the time.

As such, the Defendant, by deceiving the victim and forcing the victim to pay an amount of KRW 2.8 million on May 20, 2013, and thereafter, had the victim pay an amount of KRW 2.8 million on behalf of the victim. From that time to July 20, 2014, the Defendant acquired property benefits equivalent to the same amount by requiring the victim to pay an amount of KRW 37.3 million on behalf of the victim, as shown in the first list of crimes from July 20, 2014.

B. On June 29, 2013, the Defendant subscribed to the Defendant’s book number system of 30 million won from June 29, 2013 to February 29, 2015 and paid a monthly payment to the Defendant at the Defendant’s store.

When a mutual savings bank fails to pay a mutual savings deposit, it shall pay a mutual savings deposit in lieu of a mutual savings bank and shall pay it without a mutual savings bank.

The phrase “ makes a false statement.”

However, in fact, the defendant's interest on the debt at the time exceeds the amount of high-amount obligation to pay KRW 50,000 per month, and it is replaced by the injured party.

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