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Reasons
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(영문) 수원지방법원 2012.10.10 2012고단2295
사기등
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A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On October 5, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for fabrication of private documents at the Suwon District Court on December 27, 2011, and the said judgment became final and conclusive on December 27, 2011.

1. The Defendant is a person who, under the trade name of H, arranges a loan to the creditor and the debtor while operating the lending company, and collects fees.

During the period from July 1, 2008 to the 9th of the same month, the Defendant lent 140,500,000 won from the victim to I, etc., but the Defendant recovered KRW 123,50,000 from August 21, 2008.

On August 22, 2008, the Defendant stated that “if the Defendant additionally lends KRW 30 million to the victim, the sum of KRW 15 million recovered from the existing loan, the sum of KRW 15 million collected from the existing loan shall be lent to L to receive KRW 135 million monthly interest.”

2. On August 21, 2008, the Defendant recovered the loan and lent only KRW 70 million among them to L for the purpose of lending it to L for the victim, and around that time, used the remainder of KRW 35 million for personal purposes, such as auction proceeds, in mind.

Accordingly, the defendant embezzled the victim's property.

3. The Defendant was aware of his/her personal intent even if he/she borrowed KRW 30 million from the victim, and did not have any idea to lend to L. The Defendant did not have any intent or ability to repay the borrowed amount to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, transferred KRW 2,55,000,000,000,000 from the victim to the Agricultural Cooperative account under the name of the Defendant, after deducting interest from the advance interest, around August 26, 2008.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of a witness in the third protocol of trial;

1. M. L., among the protocol of interrogation of the suspect against the defendant.

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