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(영문) 수원지방법원 2012.01.12 2011고단325
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

The Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon District Court on December 1, 2005 and completed the execution of the above punishment on July 26, 2007.

1. On July 8, 2009, the Defendant received KRW 19 million from the victim on the same day on the same day, on the following grounds: (a) on the D operated by the victim C in the third floor of Suwon-si, Suwon-si; (b) on the loan of money from the victim, the Defendant made a false statement to the victim stating that “If the Defendant borrowed money from the victim with no intent or ability to repay the borrowed money, he/she would have to secure the interest sufficiently if he/she borrowed money with good real property as security.”

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On October 23, 2009, the Defendant received money from the victim C at the place specified in paragraph (1) around October 23, 2009, the Defendant made a false statement, stating, “If the Defendant borrowed money from the victim, she would make a full repayment with the money borrowed as above, if she would lend 29 million won to the victim,” and received from the victim KRW 9 million on the same day and KRW 20 million on October 29, 200 from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

3. On December 1, 2009, the Defendant received KRW 20 million from the victim on the same day on the same day. The Defendant stated that “If he/she borrowed money from the victim G to make a loan to his/her customers, he/she would pay the principal and/she will pay the money in installments on a five-month basis” to the victim, although he/she did not have any intent or ability to repay the money even if he/she borrowed money from the victim G.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning C and G;

1. A copy of bankbook;

1. The loan paper agreement (the investigative record No. 3rd page 9);

1. Promissory notes (No. 11 pages of investigative records);

1. Application of Acts and subordinate statutes concerning criminal records;

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