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(영문) 의정부지방법원 고양지원 2018.02.22 2016고단2721
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 20, 2015, the Defendant made a false statement to the effect that “The Defendant shall pay KRW 150 million to the victim C after a month from which he/she borrowed KRW 100 million to him/her, and shall also offer a security to it.”

However, the Defendant had no particular property or income despite his personal debt worth KRW 80,000,000, and the Defendant was led to the acquisition of D hotel.

E lending the name of the E and investing KRW 100 million to receive a return of KRW 200 million, but did not know the hotel acquisition business well, even if there is no clear plan to receive a loan with D hotel as collateral, it did not have the intent or ability to complete the loan, and there was no security to provide it to the victim.

As such, the Defendant was granted KRW 100 million, including KRW 30 million around October 23, 2015, and KRW 70 million around October 28, 2015, to the Agricultural Cooperative Account under the name of the Defendant, by deceiving the victim as such, for the purpose of borrowing money.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the C confrontation);

1. Statement made by the police against C;

1. Complaint;

1. Investigation report (F telephone conversations for a witness) and investigation report ( telephone conversations for a witness E-mail);

1. A copy of the passbook, a cash storage certificate, and a loan certificate (as seen below, which can be known by the evidence duly adopted and investigated by this court, can be fully recognized that the defendant deceivings the victim as in the facts charged and defrauds the victim of KRW 100 million.

① The Defendant, after hearing detailed explanations from E regarding the acquisition by transfer of D hotel corporations and the plan for secured loan, etc., sent them to the victim as they are, and subsequently borrowed KRW 100 million from the victim, the Defendant did not deceiving the victim.

The argument is asserted.

However, considering the following circumstances, the Defendant seems to have failed to deliver the content of E’s explanation to the victim.

Defendant E.

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