(영문) 대전지방법원 홍성지원 2017.09.19 2017고단272

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(영문) 대전지방법원 홍성지원 2017.09.19 2017고단272

사기

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 14, 2011, the Defendant made a false statement to the victim D, “If there is any money, to lend the money, to five (5) minutes per month, and to pay the principal within one (1) year.”

However, at that time, the Defendant had a debt equivalent to KRW 50 million in total for cleaning agricultural cooperatives, port credit cooperatives, and Russn Annb, etc., and had no intent or ability to repay the debt even if he/she borrowed money from the damaged party due to no particular property or income.

Defendant deceiving the victim as above and received KRW 10,00,000 from the Nong AF under the pretext of borrowing money from the victim, as well as from around that time to July 9, 2012, the Defendant acquired KRW 110,292,750 in total over 30 times, such as the list of crimes, from around that time to around 9, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of each certificate of borrowing and account statement;

1. Investigative Report (Attachment of Copy of the Declaration of Bankruptcy) [Attachment of the Declaration of Bankruptcy] (The defendant and his defense counsel had no intention to repay and ability to repay money from the damaged person at the time of borrowing money, and therefore there was no intention to

However, the following circumstances, which are considered as a whole of the evidence in the ruling, i.e., ① the Defendant and his family members have aggravated the financial situation as a business problem from around 2008, and they have borrowed money from the damaged party under the condition that they bear only a debt of 30 million won or more on June 201, ② the Defendant and her husband have already been seized and transferred money from the damaged party to the account under the name of A E and G, etc., i.e., the Defendant and her husband at the time of borrowing money from the damaged party, and ③ the victim seems to have trusted only the Defendant’s promise to pay interest on the five-month amount within one year without being notified of the above financial situation by the Defendant.

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