(영문) 제주지방법원 2013.09.27 2013고단271

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(영문) 제주지방법원 2013.09.27 2013고단271

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 21, 2006, the Defendant loaned only KRW 60 million to the victim C at his own house located in Jeju-si (hereinafter “instant land”) to purchase KRW 40 million. The Defendant stated that the Defendant would pay KRW 80 million by including interest until August 21, 2006, which was next to the month when the Defendant borrowed approximately KRW 1.4 billion from the bank as a security of the purchased land until August 21, 2006. However, at the time of the Defendant’s purchase of the said land at KRW 1.167 million in total without any property as credit bad, the Defendant was expected to use the said land as the purchase price and taxes, etc., and the amount of money borrowed from the bank as security was anticipated to be used as the purchase price and taxes, and there was no intention or ability to receive the loan from the victim even if it was not certain that the Defendant would have not been able to receive the loan from the bank.

Nevertheless, the Defendant, by deceiving the victim as above, obtained KRW 60 million from the victim around July 24, 2006 and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of C and H;

1. Examination protocol of the accused by prosecution;

1. The defense counsel in the determination of the claim of the legal representative of the borrowed money certificate and the investigation report (Submission of the suspect's land registry) asserts that the defendant had the intent or ability to repay the borrowed money at the time, and therefore there was no criminal intent to commit fraud. However, the following circumstances acknowledged by the evidence are as follows: (i) the defendant purchased the land in this case and paid the borrowed money from the victim; (ii) the down payment for the land sale was paid to the victim; and (iii) the balance was planned to settle the borrowed money with the loan secured by the purchased land, and there was no other fund available for the victim (the investigation record 139); and (iv) the defendant can

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