사기등
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Fraud;
A. On February 10, 2011, the Defendant falsely stated that “D” licensed real estate agent office operated by the victim C in Daejeon, which is operated by the victim C, “D”, the Defendant borrowed KRW 5 million per annum from the said victim as he/she did not have his/her university school expenses, and thus, he/she would complete payment within three months by calculating the interest rate of KRW 25% per annum on the loan of KRW 5 million.”
However, the defendant did not have any fixed income other than piece rates according to brokerage affairs as assistants of the above licensed real estate agent office, and even if he borrowed money from others, he did not have any intent or ability to pay such money.
As such, the Defendant, by deceiving the victim, was given KRW 5 million from the victim, who was in its possession, to receive KRW 5 million as a loan from the victim.
B. On August 23, 2011, the Defendant was granted KRW 7 million as the borrowed money by deceiving the said victim by the said method in the foregoing place.
Accordingly, the defendant was given property equivalent to 12 million won by deceiving the victim.
2. From July 2010 to February 20, 2013, the Defendant served as a brokerage assistant at the above licensed real estate agent office operated by the said victim.
At the above office around November 28, 2011, the Defendant entered into a sales contract for the building site and building in the Jung-gu, Daejeon, Daejeon, which is the seller’s possession, and received 2.5 million won brokerage commission from the above E and kept in custody for the victim. At that time, the Defendant used the Defendant’s daily living expenses and other personal purposes for the victim. From April 15, 201 to June 24, 2012, the Defendant arbitrarily used the total amount of KRW 20,50,000,000 for four times, as shown in the list of crimes, as shown in the attached Table.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to C by the police;
1. A complaint;
1. Application of the Acts and subordinate statutes to each investigation report (No. 12, 14, 15 of the evidence list);
1. Relevant provisions concerning facts constituting an offense;