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Reasons
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(영문) 인천지방법원 2019.05.31 2018고단8656
사기
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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, from November 2016 to May 201, 2017, worked as the head of the headquarters of an incorporated association, and was operating “C” in Mapo-gu Seoul from November 2016 to June 2018.

Since February 2016, the Defendant began with the victim D and the victim from around February 2, 2016, the Defendant could impose a lot of money on the victim through lectures, such as “at least KRW 150 million per year of dental treatment.” The chief of the headquarters has made the victim believe that the victim had to believe the Defendant’s ability.

On December 1, 2016, the Defendant stated that “C” operated by the Defendant on the first floor of Mapo-gu Seoul building, Mapo-gu, Seoul, provided that “A, like B, rents the above building with B funds, and refund the deposit amount of KRW 30 million to B. If the Defendant fails to resolve, he/she may withdraw money from the company. He/she may loan money. He/she may refund all of the money before the completion of the campaign operation.”

However, at the time, the Defendant, at the time, had paid KRW 210,000,000 to KRW 210,000,000,000 to KRW 10,000,000 per month, and the above Kafa construction cost was in bad financial standing to the extent that it should be loaned to B employees, and there was no intention or ability to repay to the victim even if he borrowed the above money.

As such, the Defendant, as indicated in the attached list of crimes, by deceiving the victim and receiving KRW 30 million from the victim to the F Bank account under the name of the Defendant on December 12, 2016, including KRW 5 million, and KRW 30 million, such as KRW 25 million on the 133,424 million on the 130,000,000 from December 12, 2016 to August 4, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some statements made by the police and the prosecutor's protocol of examination of the accused;

1. The loan certificate, notarial deed, the account details of the G Bank, F Bank.

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