사기
1. The defendant shall be punished by imprisonment with prison labor for eight months;
2. The Defendant’s property damages amounting to KRW 30,000,000.
Punishment of the crime
[criminal records] On December 1, 201, the Defendant was sentenced to a suspended sentence of two years for fraud at the Suwon Giwon, who was sentenced to a suspended sentence of two years for fraud, and the said judgment became final and conclusive on December 9, 201.
[2] On September 13, 2010, the Defendant found a victim AL house located in CM as of Sep. 13, 2010 and borrowed 30,000 won to the victim with “an urgent amount of money to be paid” to the victim until September 30, 2010.
“.....”
However, in fact, the Defendant had a debt of approximately KRW 80 million in the financial right at the time. The Defendant had a debt of KRW 70 million to N, and even if the Defendant borrowed money from the injured party, such as having a debt of KRW 110 million that should be repaid until September 30, 2010, there was no intention or ability to make a change within the due date.
The defendant deceivings the victim as above, and he received cash of KRW 30 million from the victim on the same day as the loan money from the victim.
Summary of Evidence
1. The statement to the effect that the Defendant borrowed KRW 30,00,000 from the Defendant’s injured party at the time and place specified in the facts charged (the Defendant and his defense counsel asserted to the effect that the Defendant and his defense counsel paid KRW 30,000 from AO for the payment of the construction cost, and thereafter paid KRW 30,000,00 to AP on behalf of the victim. However, AP was a total of KRW 84,00,000,000 for housing construction in the name of AL, and 37,00,000,000 won was paid by the Defendant and some of the construction cost was paid from AL, but the Defendant and the victim did not have received the remainder of KRW 30,000 from either of the Defendant and the victim, and thus waived the remainder of the construction cost.
The statement was made by the victim. ② The victim also lent a total of KRW 148 million between the loan on August 25, 2010 and KRW 30 million on September 13, 2010, and KRW 8 million between July 25, 201 and the loan on July 25, 201. The victim also lent KRW 30 million on December 23, 2010, KRW 10 million on July 5, 201, and the same month.
6. 5 million won, September 6, 2011