(영문) 수원지방법원평택지원 2020.11.20 2020고단794

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(영문) 수원지방법원평택지원 2020.11.20 2020고단794

사기

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2018, the Defendant stated that “A” office of the Defendant’s workplace “C” office located in Pyeongtaek-si B, who is a workplace partner, the victim D, who is a workplace partner, is in need of a full-time marriage, and a full-time loan is required. If the Defendant borrowed money, he/she will be repaid.”

However, the defendant was thought to use money for personal purposes, such as repayment of debt, from the victim, and he did not have the ability to pay the money to the victim.

The Defendant, through the NongHyup Bank account (E) in the name of the Defendant, received the total amount of KRW 10 million from the victim on August 27, 2018, and KRW 45 million on August 28, 2018, respectively, and acquired the total amount of KRW 35 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A passbook photograph, and a specification of transactions;

1. A document of borrowing money, and a statement of performance, respectively;

1. The defendant asserts that there was no intention to commit fraud because he/she had the intent or ability to repay money from the victim at the time of borrowing the money from the victim.

However, the following circumstances acknowledged based on the evidence revealed earlier: (a) the Defendant has no time to pay a full-time loan; (b) the Defendant paid a loan of approximately KRW 15 million in total to a credit rating 9, insurance company, loan company, etc.; and (c) the Defendant was unable to obtain a full-time loan due to its credit standing; and (d) the victim would have obtained a loan under his/her name and personally borrowed it; (b) the victim borrowed money from the victim on the pretext of necessity for a full-time loan; and (c) the Defendant paid a considerable amount of money for other purposes, such as payment of the check card, payment of insurance premium, and repayment of loan; and (c) the Defendant returned the victim on September 7, 2018 to the victim on the refund of KRW 10,279,742 to the Defendant’s account at the time. The loan is borrowed.

유사 판례

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