사기
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaged in marriage agency business with the trade name of “K” and “L” in the Dong-gu Seoul Special Metropolitan City J building.
On April 2009, the Defendant committed fraud in the process of opening the L to the victim M in the mutual influence in the influence of the influence in the Southern-gu Nam-gu, Gwangju.
If the business deposit is lent in 20 million won, 1.2 million won per month shall be paid in 1.2 million won per month, and the loan shall be paid in 35 million won by October 20, 2009. < Amended by Presidential Decree No. 21734, Oct. 20, 2009>
“.....”
However, even around August 9, 2007, the Defendant did not lend KRW 20 million from the injured party and did not fully pay KRW 5 million. At that time, the Defendant had no intention or ability to repay the money even if he borrowed the money from the injured party because of taxes in arrears with the tax office until that time, credit card companies' liabilities, 1 financial rights obligations, 2 financial rights obligations, and obligations to credit service providers, etc. are more than KRW 130 million.
Nevertheless, the defendant deceivings the victim as above and acquired the money from the victim to the deposit account in the name of the defendant on the 20th of the same month from the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness M;
1. A protocol concerning the examination of the accused by the prosecution (including the part concerning theM's statement);
1. Complaint;
1. Details of a document of authentication, document of debt distribution, and passbook transaction;
1. A criminal investigation report (Attachment to the general contents of the case involving personal rehabilitation) and attached documents (a crime of fraud is established by deceiving another person to make mistake and causing his/her dispositive act to obtain property or pecuniary gain by causing his/her / her dispositive act, and the nature of the money received is either borrowed money or invested money, and the establishment of a crime of fraud is not determined depending on
Therefore, as the defendant and the defense counsel asserted, the money that the defendant suffered from the victim is operated by the defendant.