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(영문) 의정부지방법원 2015.11.13 2014고단1928
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant was unable to receive the money borrowed from the victim C in the past, and the debt collection was not in a normal way, and the Defendant deceiving the victim to receive the money from the victim.

1. Around January 15, 2013, the Defendant proposed to the effect that, through D, the Defendant “it is necessary to engage in bond business, approximately KRW 100 million to pay the principal without the mold, adding interest of approximately 20 percent to the principal within 20 days through one month from the lending of money.”

However, the defendant thought that he will arbitrarily use the above money for his personal purpose, such as paying his debt, and there was no particular property or source of revenue, and there was no intention or ability to repay the borrowed money to the victim as agreed.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 80 million from the victim through D as the borrowed money.

2. On February 15, 2013, the Defendant proposed to the effect that “The Defendant is unable to pay the pre-paid loan to the victim at the coffee shop near Gangnam-gu Seoul building without business funds due to the lack of business funds.” In addition, if the Defendant borrowed KRW 50 million, then he would pay the pre-paid loan within one month after paying interest.”

However, the defendant thought that he will arbitrarily use the above money for his personal purpose, such as paying his debt, and there was no particular property or source of revenue, and there was no intention or ability to repay the borrowed money to the victim as agreed.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim as the borrowed money.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement made by C of a witness in the fourth trial record;

1. The police and the suspect interrogation protocol of the defendant C.

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