사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
Around March 27, 2018, the Defendant stated that “Around March 27, 2018, the Defendant would pay money to the victim C in Gyeyang-gu Incheon Gyeyang-gu, stating that “Around March 27, 2018, if the Defendant borrowed KRW 20 million, he/she will pay money for three months.”
However, in fact, the Defendant had a debt equivalent to KRW 1.2 billion at the time, and only was paid at the time through a so-called return prevention in the form of paying interest by borrowing money from many persons, and did not have the intent or ability to complete payment even if he borrowed money from the victim.
Nevertheless, the Defendant received from the victim the total sum of KRW 20 million on March 27, 2018, KRW 300,000,000,000,000 from the victim’s bank passbook (D), March 28, 2018, KRW 16 million on March 28, 2018, and KRW 1 million on April 7, 2018.
Accordingly, the defendant was given property by deceiving the victim.
On May 16, 2017, the Defendant made a false statement to the victim E that “The Defendant would lend money only 10 million won, which is urgently required to pay. The money may be repaid within a few months, and at any time, shall be repaid within 1-2 months.”
However, from around 2007, the Defendant had a debt of KRW 1.2 billion with card installment loans, loan companies, and bonds, etc. Accordingly, the Defendant filed a petition for bankruptcy with the Incheon District Court on September 13, 2018, and the Defendant was merely intended to use the borrowed money from the victim for the so-called “competing” used to pay interest on a separate debt. Thus, even if the Defendant borrowed money from the victim, it did not have an intention or ability to pay the money normally.
As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the national bank account (D) in the name of the Defendant as the borrowed money, and received KRW 116 million in total nine times from that time to July 6, 2018, as shown in the list of crimes in the attached Table, from that time.
Summary of Evidence
1. The witness F and E, respectively.