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Reasons
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(영문) 대전지방법원 홍성지원 2012.12.05 2012고정251
사기
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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 23, 2010, the Defendant made a false statement to the victim E, “If the Defendant lends 13 million won per annum because it is difficult to operate it, then he/she will pay the principal and interest at once after six months from the interest rate per annum.”

However, at the time, the Defendant was unable to pay the liquor properly, and the amount of the Bank obligations was about KRW 20 million, while there was no particular property or income, so even if he borrowed money from the victim, there was no intention or ability to pay it.

The Defendant received KRW 13 million from the victim to his own agricultural bank account as a loan from the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Original copy of a notarial deed;

1. Documents determining the seizure and collection order of the claim;

1. Application of Acts and subordinate statutes on credit information inquiry table;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument was that the Defendant had the intent and ability to repay, and the Defendant did not borrow money by deceiving the victim.

2. The following circumstances acknowledged by the aforementioned evidence duly completed the investigation in this Court, namely, ① A witness E, the victim, was discharged from the Air Force Staff on December 31, 2009, and the Defendant, who became aware of this, borrowed 13 million won or more as he/she was difficult to operate his/her house, provided that he/she would pay the principal and interest after 6 months on condition of 10% interest per annum, and prepared a notarial deed corresponding thereto. In addition, the Defendant was his/her father.

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