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Reasons
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(영문) 대구지방법원 상주지원 2018.08.28 2017고단346
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 8, 2012, the Defendant made a false statement to the effect that “The Defendant will use and repay only three months from the lending of money to the Defendant, which is required to pay for the expenses of A.I.D.” to the Defendant at D stores operated by the Victim C.

However, in fact, the Defendant did not have any specific occupation, income, or property at the time, and did not pay the health insurance premium, and was subject to the seizure of the Defendant’s property under the name of the Defendant. Therefore, the Defendant did not have any intent or ability to pay the money, even if

The Defendant received KRW 3 million in cash from the injured party on the same day on the same day, and from that time until April 13, 2016, the Defendant received a total of KRW 118 million in total over 18 times, as shown in the list of crimes in the attached Table, from that time.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness C, E, F, G, and H;

1. Statement made by the police against C;

1. A written statement prepared in the I;

1. A loan certificate, a cash custody certificate, a certificate of seal imprint, a certified copy, etc.;

1. Each request for appraisal and reply to appraisal;

1. J-evaluation information;

1. Arrangement of sources;

1. Determination of each investigation report (No. 14, 33 No. 14, 33) and defense counsel’s assertion

1. The gist of the assertion is that the Defendant borrowed KRW 9 million from the injured party twice twice, and the Defendant repaid all the borrowed money.

The victim does not have to lend a high amount exceeding KRW 100 million to the defendant due to his age and economic difficulties.

The victim is causing harassment to the defendant by forging the loan certificate, etc.

2. In full view of the following circumstances revealed by each of the above evidence, even if the Defendant borrowed money, it can be acknowledged that the Defendant, despite having no intent or ability to complete the payment, by deceiving the victim and obtaining the delivery of KRW 118 million as stated in the judgment, and the evidence submitted by the Defendant also is examined.

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