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Reasons
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(영문) 광주지방법원 목포지원 2014.02.06 2013고단1879
사기
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The punishment of the accused shall be eight months by imprisonment.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 5, 2012, the Defendant stated that the victim E (the age of 39) would be paid interest of KRW 200,000,000 per month if the Defendant borrowed 20,000,000,000 won as he/she borrowed money from the D head office of Defendant’s management, which is located in the Seoul-U.S. Military Department C, for a period of 20,000,000 won.

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to engage in the bond business by using it, and there was no intention or ability to return the borrowed money to the victim by the time the borrowed money was returned.

On March 5, 2012, the Defendant, by deceiving the victim as above, obtained from the victim the amount of KRW 2 million from the account of community credit cooperatives under the name of the Defendant to the account of community credit cooperatives on March 5, 2012, and acquired the amount of KRW 18 million with the national bank account under the name of the Defendant on March 9, 2012 and KRW 20 million.

2. On May 2012, the Defendant stated that “Around May 2012, the Defendant would pay interest of KRW 3 million per month to the victim in addition to the interest if the Plaintiff extended the trading place.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to engage in the bond business by using it, and there was no intention or ability to return the borrowed money to the victim by the time the borrowed money was returned.

On May 11, 2012, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police suspect examination protocol (24 pages of the investigation record) of the accused;

1. Application of Acts and subordinate statutes entered in the police statement protocol to E;

1. Relevant provisions concerning facts constituting an offense;

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