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(영문) 의정부지방법원 2018.11.16 2017고단5624
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 9, 2017, the Defendant called the victim B by asking the victim B to confirm that he/she has a loan that he/she has already received from his/her parents, after having repaid that he/she had no loan. After having repaid the loan, the Defendant again received the loan and then borrowed KRW 5 million within one week.

However, in fact, the Defendant thought that he was able to gambling with money borrowed from the injured party, and around that time, he was 65 million won or more without any particular property, and there was no intention or ability to repay as agreed even if he borrowed money from the injured party.

On June 10, 2017, the Defendant deceivings the victim as above and transferred KRW 5 million to the C bank account in the name of the Defendant on June 10, 2017 from the victim.

After that, on June 16, 2017, the Defendant: (a) made a false statement to the victim in Mapo-gu Seoul Metropolitan Government D that “A person would repay KRW 20 million to the end of six months, such as KRW 5 million borrowed prior to the loan of KRW 20 million; and (b) received money from the damaged person on June 17, 2017 and acquired money totaling KRW 25 million.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. A certificate of transfer;

1. The principal's financial transactions;

1. Character messages;

1. List of personal rehabilitation creditors;

1. Submission of a repayment plan;

1. Application of reply statutes upon request for investigative cooperation;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The summary of the argument is that the defendant and the defense counsel have no criminal intent of defraudation, since they received a loan from the injured party and attempted to repay the debt of the loan to the injured party, but they failed to obtain the loan, and thus they could not repay the debt to the injured party.

2. Determination

(a) fraud;

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