A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 20, 2014, the Defendant stated that “D” operated by the victim C, who was permanently residing in B, that “If the victim leased KRW 50 million as construction funds, which requires 50 million as the construction funds, it would receive an intermediate payment from the construction site at the construction site within the first week and repay the total amount of KRW 50 million with the said money.”

However, in fact, the Defendant planned to use the intermediate payment to be received from the actual construction site as the material price at the construction site where the Defendant was permanently residing. ② At the time, the Defendant did not have any property, while at the time, did not have any obligation equivalent to about 18 billion won, and thus, even if he borrowed money from the victim, the Defendant did not have any intent or ability to repay the borrowed money as promised to the victim.

The Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the E bank account (F) in the name of the Defendant. On November 22, 2014, the Defendant received KRW 20 million from the same account and acquired KRW 50 million in total from the victim to the same account.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The filing of a complaint, details of deposit transactions, and application of each investigative reporting Act and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. Grounds for conviction and sentencing under Article 62 (1) of the Criminal Act;

1. The Defendant asserts that, as stated in the above facts charged, the Defendant was not guilty on the ground that it was consistent with the victim’s intent and ability to repay money at the time.

The criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing the transaction before and after the crime unless the defendant confessions, and the criminal intent is sufficient not to be a conclusive intention but to do so.

(Supreme Court Decision 2007Do10416 Decided February 28, 2008). The victim’s legal statement is the victim’s statement.