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Reasons
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(영문) 부산지방법원 동부지원 2015.12.09 2014고단2266
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around June 1, 2011, the Defendant made a false statement to the effect that “A victim C works in the Water Resources Corporation at the time of the return post office located in Busan Shipping Daegu-dong. Around June 1, 201, she would be convenient for she to use only one month if he/she borrowed 15 million won when he/she purchased her house.”

However, in fact, the Defendant was thought to use the above money for personal purposes without using it in purchasing the said money, and there was no other special property, and there was no intention or ability to repay the money at the time, even if the Defendant borrowed money from the victim, because it was difficult to repay the amount of KRW 15 million on a month with the income of singing banks operated at the time.

Nevertheless, as above, the defendant deceivings the victim and received a copy of the check with the face value of 15 million won on the same day from the victim.

2. On November 18, 201, the Defendant made a false statement to the effect that “The Defendant would borrow money in front of the end of December, 201 and pay interest to the victim if he/she borrowed money to the Plaintiff, as he/she urgently needed to buy real estate,” at the office of captain located in the Busan-gun, Busan-gun, the captain of the vessel.”

However, even if the Defendant borrowed money from the victim, it was thought that it would be used to repay the personal debt, and there was no intention or ability to repay it at the time of the promise for the same reason as Paragraph 1.

Nevertheless, the Defendant deceivings the victim as above and received 13 million won in cash from the victim on the same day.

Summary of Evidence

1. Prosecutions of the accused and suspect interrogation records of the police;

1. Statement to C by the police;

1. Inquiry into details of financial transactions;

1. An investigation report (a copy of the detailed statement of transactions of the accused);

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of the sales by singing in operation of the accused);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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