사기
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
1. Fraud (money borrowed in the name of purchasing a vehicle) Defendant would pay back to the victim B, at a place where no name is known on December 2, 2015, at a place where the name is unknown.
The phrase “ makes a false statement.”
However, in fact, the defendant thought that he would use the money borrowed from the victim as money for gambling, and even if he borrowed money from the victim without any specific property at the time, he did not have the intention or ability to repay it.
The Defendant received KRW 20,500,000,000,000 from the injured party on December 2, 2015, on or around April 22, 2016, and KRW 9.5 million on or around May 11, 2016, from the Defendant’s agricultural bank account.
Accordingly, the defendant was given property by deceiving the victim.
2. The Defendant, at a place where his name is unknown on August 8, 2016, may bring damage on the Defendant’s money deposited in the original factory at a place where the name is unknown.
The land shall be sold and repaid if it is leased KRW 30 million.
The phrase “ makes a false statement.”
However, in fact, the defendant thought that he would use the money borrowed from the victim as money for gambling, and even if he borrowed money from the victim without any specific property at the time, he did not have the intention or ability to repay it.
The Defendant received KRW 30 million from the damaged party to the Agricultural Cooperative Account of the Defendant as the borrowed money.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to the complaint, a certificate of borrowing, a certificate of account details, a criminal investigation report (a suspect's previous conviction and confirmation), and summary order (a summary of 205 highest 21700), respectively;
1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (a comprehensive imprisonment).