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Reasons
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(영문) 인천지방법원 2015.12.11 2015고정3054
사기
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Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 5,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A’s fraud is operating “E” in Incheon D at the time of borrowing money as a victim’s external relative relative to the victim C.

Due to various debts, approximately KRW 280,000,000 has been liable for the debt.

From September 26, 2011 to November 7, 201 of the same year, the Defendant made a false statement that “The Defendant would pay the victim C with high interest (5 parts) to the victim C and would not pay the living expenses because he/she has borrowed money from the victim’s residence of the Incheon Strengthening-gun, Incheon.”

However, even if the defendant borrowed money, he did not have the intention or ability to repay it.

Accordingly, the victim received 26 million won through five times.

2. Defendant B’s fraud was a person who became aware of the victim C through the introduction of Defendant A around the second half of the year of 2011 and borrowed money from the victim to raise hospital expenses and operating expenses.

On November 28, 2011, from around November 28, 2011 to around November 30, 201, the Defendant concluded that “The Defendant would pay and return the victim C’s denial of payment of money for three months only as five (5) interest.”

As the victim's denial is not trustable, the defendant A, who was in a relationship with the victim's denial, made the victim write a letter of guarantee on the borrowed money, and made the victim believe it.

However, even if the defendant borrowed money, he did not have the intention or ability to repay it.

In this regard, 1.5 million won was delivered from the victim twice.

Summary of Evidence

1. Defendant A’s legal statement

1. Protocol concerning the suspect examination of the defendant B by the prosecution;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of materials by a complainant);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. It is so decided as per Disposition for the reason of Article 334(1) of the Criminal Procedure Act or more.

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