(영문) 전주지방법원 정읍지원 2017.04.20 2016고단512

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(영문) 전주지방법원 정읍지원 2017.04.20 2016고단512

사기

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2014, the Defendant: (a) at a place where it is not possible to know the place of Si/Eup/Myeon/Dong on May 1, 2014, the Defendant collected D money from the Victim C to pay KRW 10 million.

Along with the demand of payment of KRW 10,000,000,000,000,000,000,000 won, the principal shall be paid on every 500,000 won per month, and the principal shall be paid without the mold.

However, the defendant did not have any particular income due to the absence of occupation at the time, so even if the victim subrogated to pay the defendant's debts of KRW 10 million to D, the victim did not have any intent or ability to pay the principal and interest for the above KRW 10 million to the victim.

The defendant had the victim pay 10 million won on behalf of the victim D.

Accordingly, the defendant acquired property benefits by deceiving the victim.

2. On November 5, 2015, the Defendant made a false statement to the victim C, stating, “The Defendant is required to raise her flag,” 600,000,000 won, and the Defendant would repay KRW 16,000,000,000 including KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, in each of the following month and each of the following months, to pay 1,00,000,000 won, respectively.”

However, the Defendant was unable to pay the monthly rent, gas rent, and electricity because there was no particular import at the time, so even if he borrowed the above money from the injured party, the Defendant did not have the intent or ability to pay it.

The Defendant received 6 million won in cash from the injured party around that time.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s legal statement [the defendant, in the absence of sufficient means to repay the principal amount of KRW 10 million to D, the victim subrogated the above obligation to D and received the principal and interest from the defendant.

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