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Reasons
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(영문) 서울동부지방법원 2017.01.18 2016고단2505
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 2010, the Defendant, at the “E” office of the Defendant’s former wife in Seongdong-gu Seoul, Seongdong-gu, the Defendant concluded that the Victim F would pay off the Defendant F by July 2, 2011, with the loan of the money to be invested in the construction of the bean plant in China.

However, at the time of fact, the Defendant did not have any property or income in bad credit, and there was no possibility of making a short-term profit due to lack of experience and preparation for the investment business of the Congo plant in China. Therefore, even if he borrowed money from the injured party, the Defendant did not have an intention or ability

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred the victim’s money to the account in the name of D, the former part of the victim; (c) KRW 10 million on May 24, 2010; (d) KRW 10 million on May 26, 2010; (e) KRW 19.8 million on June 26, 2010; and (e) KRW 39.8 million on total as loans.

2. On November 2010, the Defendant, at the same place as the above Paragraph 1 of the same Article, stated that “The Defendant would repay money to the victim F by April 30, 2011, when he/she lends money to the principal in order to build a mushroom plant in China.”

However, at the time of fact, the defendant did not have any particular property or income in bad credit, and there was no possibility of making a short-term profit due to lack of experience and preparation for the Chinese five plant investment business, so even if he borrowed money from the injured party, the defendant did not have an intention or ability to pay

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred the amount of KRW 30 million to the account in the name of D, the former part of the victim; (c) KRW 20 million on November 30, 2010; (d) KRW 8,080,000 to G account in the name of G on December 29, 2010; and (e) KRW 1920,000 to H’s account in the name of H, as a loan.

3. Accordingly, the Defendant obtained a total of KRW 69,80,000 from the injured party on two occasions and acquired it by fraud.

Summary of Evidence

1. Each legal statement of witness F and I;

1. The defendant;

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