사기
The defendant shall be innocent.
The Defendant did not have any particular income due to the absence of a certain occupation, and there was no actual residual value as the right to collateral security was established on the land under the name of the Defendant. The personal debt is at least KRW 100 million, so the so-called “return prohibition” type, which makes it difficult for the Defendant to properly repay the interest accrued on the existing debt, and thus, there was no intention or ability to properly repay the interest even if he borrowed money from the victim C.
Nevertheless, the Defendant, at around May 15, 2015, borrowed money from the Defendant’s house located in the Donan-gun, Chungcheongnam-gun, North Korea, to the victim within six months if he/she borrowed money from the Defendant’s house with another place.
“A false statement” was made.
The Defendant received KRW 20,000,000 from the injured party as a loan, and acquired the total sum of KRW 45,000,000 from the injured party by the same method four times in total, as shown in the list of crimes, from August 17, 2015, as well as from the time of receipt to August 17, 2015.
Judgment
1. Suspected facts of guilt;
A. The Defendant received a total of KRW 45 million from the injured party as indicated in the above facts charged.
B. At the time, the Defendant owed approximately KRW 100 million of debt, and most of the money received from the injured party was used to repay the debt.
(c)
Defendant
With respect to land E, F, F, Dong G and H, the owner of which is North Korea, the right to collateral security or superficies has been established for financial institutions with the amount equivalent to or more than the market price of each land.
2. However, in light of the following circumstances, a reasonable deliberation is made on the facts that the Defendant made a false statement to the victim and the Defendant had intention to commit fraud.