사기
A defendant shall be punished by imprisonment for not less than eight months.
Criminal facts
1. On October 2014, the Defendant made a false statement to the effect that “The Defendant would pay 100,000 won interest per month to the victim if he/she lends 3 million won as he/she has used the money rapidly, and to repay the principal after three months.”
However, the fact is that the management status of singing banks operated in excess of their obligations due to loans and personal loans, etc. at the time, and since the year of 2014, the annual income was too much than three million won, so there was no intention or ability to pay the principal and interest to the victim as the promise was made.
The Defendant, as such, by deceiving the victim and receiving KRW 29.10,000 from the victim as the borrowed money on October 18, 2014, as well as from around that time to February 21, 2017, received delivery of KRW 9,6510,000,000 from around 19 times in total, as shown in the list of crimes in attached Table (1).
2. Around June 21, 2017, the Defendant made a false statement to the effect that “The Defendant would pay the card price to the victim” at the real estate office in Ulsan-gu AB, Ulsan-gu, Seoul-gu, that “The Defendant would receive the loan of KRW 2.8 million with the loan of KRW 2.8 million from the land contract revenue and expenditure.”
However, the above financial situation was difficult, and even if the land contract fee was paid, there was no intention or ability to pay the money as agreed by the victim because it was thought to be used for the repayment of other pay-in debt.
As such, the Defendant, by deceiving the victim and being given KRW 2.8 million on the same day as the loan money from the victim, was granted from around that time to July 25, 2017, and received KRW 4,90,000,000 as the sum of the borrowed money twice as shown in the annexed crime list (2) from around that time.
Summary of Evidence
1. Partial statement of the criminal defendant (a denial of the criminal by fraud);
1. Legal statement of the witness Z;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement by the police concerning L;
1. A list of entries and withdrawals;
1.Each investigation report (the injured party.