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Reasons
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(영문) 서울북부지방법원 2017.09.20 2017고단2038
사기
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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around March 8, 2011, the Defendant loaned the victim E money from “D” located in Dongdaemun-gu Seoul Metropolitan Government, to the victim E (hereinafter “D”). The Defendant borrowed money that is not paid in China due to the lack of money. Around several months, the Defendant will pay the victim three-minute interest each month.

“.....”

However, the defendant borrowed money from the injured party and used it to pay interest to others or pay monthly rent to the restaurant.

Nevertheless, the Defendant, as seen above, was issued KRW 6 million on the same day by the injured party.

2. On May 24, 201, the Defendant need to pay money to the above victim for entering the apartment at the above place.

“.....”

However, in fact, the defendant borrowed money from the damaged person and used it to pay the interest on the other person's debt.

Nevertheless, the Defendant, as seen above, was issued KRW 8 million on the same day by the injured party.

3. On August 22, 2011, the Defendant: “Around August 22, 2011, the said victim needs money to engage in funeral services in China.”

“.....”

However, in fact, the defendant borrowed money from the damaged person and used it to pay the interest on the other person's debt.

Nevertheless, the Defendant, as mentioned above, received KRW 5 million from the injured party on the same day from the account in the name of F designated by the Defendant.

4. On November 15, 201, the Defendant: “Around November 15, 201, the Defendant requires the victim to engage in funeral services in China.”

“.....”

However, in fact, the defendant borrowed money from the damaged person and used it to pay the interest on the other person's debt.

Nevertheless, the Defendant, as mentioned above, received KRW 4 million from the injured party on the same day from the account in the name of the F.C. designated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions against the Defendant.

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