사기
A defendant shall be punished by imprisonment for a period of five months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On June 10, 2016, the Defendant is urgently required to engage in real estate work in the victim C’s residence located in Seo-gu, Gwangju, with the trade name of D real estate.
If only KRW 20 million is lent, the false statement was made to the effect that it will be repaid at KRW 25 million until December 10, 2016.
In fact, the Defendant merely thought that he received money from the injured party and used it as his own cost of living or paid money to another person, and did not have the ability to make profits from the real estate brokerage business. The Defendant did not have any intention or ability to repay the principal and interest up to the date of promise even if he borrowed money from the injured party due to the lack of certain income or specific property.
Nevertheless, the defendant deceivings the victim as above and received 20 million won from the injured party.
2. On August 10, 2016, the Defendant coming from money by entering the said victim’s residence with “10 million won” up to the front day of the said victim’s house.
After this framework, the term “a loan of KRW 11 million is changed” was false.
In fact, the Defendant borrowed money from the damaged party to use it as his/her own debt repayment and cost of living, and paid KRW 11 million as notified to the injured party, and did not have any way to receive money after this money. There was no other way to prepare money after this money, and there was no intention or ability to repay money even if the Defendant borrowed money from the injured party due to no other income or property.
Nevertheless, the defendant deceivings the victim as above and received a delivery of KRW 11 million in cash from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made to the defendant in each protocol concerning the suspect interrogation of the police;
1. Statement made by the police on the victim;
1. Application of each of the Acts and subordinate statutes in which a copy of a loan certificate or letter is written;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;