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A defendant shall be punished by imprisonment for six 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
1. On November 29, 2014, the Defendant told the victim D to pay the amount of KRW 3 million per month to the Defendant’s operation C, which is located in Busan-si, Busan-si, that “Around November 29, 2014, the Defendant would be able to pay the money to the Defendant.”
However, in fact, the defendant received money from the victim at the time and tried to use it as transaction partner, interest, living expenses, etc., so there was no intention or ability to compensate the victim for three million won per month as stated above.
The Defendant, by deceiving the victim as above, received KRW 14 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife under the name of the Defendant’s wife on the same day.
2. Around January 17, 2015, the Defendant told the victim D that “I will purchase and sell scrap metal if I lend the money, and pay it immediately.”
However, in fact, the Defendant was a person with bad credit standing at the time, was liable for a debt of approximately KRW 360 million, and was liable for reimbursement of KRW 6 million each month with interest, etc., and there was an economic circumstance where it was difficult to make a living with the Defendant’s income while operating the above interest, etc., and thus, there was no intention or ability to make a repayment immediately even if he borrowed the above money from the victim.
As above, the Defendant: (a) by deceiving the victim and receiving two million won in cash from the victim for the same day as the loan money; and (b) by deceiving the victim on five occasions from March 30, 2015 to March 30, 2015, the Defendant acquired property or pecuniary gains equivalent to eight million won in total by transferring money from the victim for the purpose of borrowing money; and (c) allowing the victim to receive money from the victim for the purpose of borrowing money or to make the victim guarantee.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation reports (attached to transaction details of E accounts used by suspects A);
1. Details of each passbook, E (C).