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(영문) 전주지방법원 군산지원 2020.01.17 2019고단1249
사기
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A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

[Criminal Power] On October 16, 2019, the Defendant was sentenced to imprisonment with prison labor for five months at the Jeonju District Court for fraud, and the judgment became final and conclusive on the 24th day of the same month.

【Criminal Facts】

Around November 20, 2017, the Defendant made a false statement to the effect that “The Defendant would lend KRW 3 million,00,000,000,000,000,000,000,000,000,000,000 won to the customers, on the D office operated by the Defendant, the victim, in Korea and in the D office operated by C. In addition to the lending of money.”

However, at the time, the Defendant did not have a certain amount of income, and the Defendant Company E, which operated the Defendant, did not have any intention or ability to pay the amount normally even if he borrowed the above amount from the victim, because the base operating profit on December 31, 2017 reaches Maus 6,0310,000 won.

Nevertheless, the Defendant, as above, received 2.7 million won from the victim’s account in the name of the Defendant (F) and received 2.7 million won in total from March 21, 2018 to March 21, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement regarding C;

1. Statement of responsibility, and details of passbook transactions;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (the judgment of the same kind of case), and application of Acts and subordinate statutes governing the judgment;

1. The pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, the Defendant asserts that he/she had the intent to repay and the ability to repay at the time of borrowing. However, as recognized when the Defendant was investigated by the prosecution, the Defendant was in a state of lack of economic ability to repay the borrowed money within the time limit agreed upon at the

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