(영문) 서울중앙지방법원 2014.10.27 2013고단7914

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(영문) 서울중앙지방법원 2014.10.27 2013고단7914

사기

Text

A defendant shall be punished by imprisonment for four 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

1. Around May 14, 2007, the fraud defendant against the victim D made a false statement to the effect that "a store premium is required to move out of the house to the victim D at the night store operated by the defendant in Eunpyeong-gu Seoul Metropolitan Government," and that "a store premium is required to move out of the house. If the victim borrowed 15 million won, 1% interest per month shall be paid and the principal shall be repaid at any time."

However, in fact, the defendant did not have any property as a bad credit holder at the time, and there is a need to pay more than KRW 10 million as interest on the personal debt of financial institutions, KRW 8 million, and KRW 38.7 million as interest on the debt of financial institutions, KRW 38.7 million to C, and even if he borrowed money from others, he did not have any intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received 15 million won from the victim as the borrowed money in the same place, and acquired it by fraud.

2. Around August 2011, the criminal defendant against the victim C made a false statement to the effect that “The victim C will pay the principal and interest of the loan not later than December 31, 2011, by borrowing KRW 20 million from the victim’s house as security of the house of the mother (victim) who intends to use the loan as operating expenses.”

However, as at the time, the Defendant, as a bad credit holder, has to pay 10 million won or more as interest on the debt of financial institutions, 8 million won for bonds, 53.7 million won for D and C, and even if he borrowed money from others, he did not have any intention or ability to pay it.

Around August 9, 2011, the Defendant, by deceiving the victim as such, obtained KRW 20 million from the victim as the borrowed money from the victim and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to D or C by the police;

1. Five copies of a loan certificate;

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