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Reasons
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(영문) 대전지방법원 천안지원 2012.09.13 2011고단999
사기
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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

Around January 8, 2009, the Defendant made a false statement to the victim H that “I will repay the money that I borrowed as collateral of real estate amounting to KRW 30 million from the loan of KRW 100,000,000,000 from the loan of KRW 30,000,000,000 from the loan of KRW 10,000,000,000,000,000,000 won.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

After all, the Defendant, as above, by deceiving the victim as above, received KRW 50 million from the said lending company from the victim of the victim's 13:00,000 won (the remaining amount after deducting the interest, loan fee, registration fee, etc. from the loan 100,000 won) that the victim received from the said lending company by providing the victim's real property as security in the street near the Yannannan Tool-gu, Yannam-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, J, K, L, M and N;

1. A protocol concerning the examination of partially the defendant's suspect (including H's statement);

1. A protocol of partial prosecutorial statement concerning I and L;

1. Application of Acts and subordinate statutes to investigation reports (a copy of a pocket book stating details of the provision of gambling funds for the preparation of reference L);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. It is true that the defendant, who is judged on the defendant's assertion under Article 62-2 (1) and (2) of the Probation Criminal Act, received KRW 50 million from the victim, or this is not borrowed from the victim, but delivered to the victim for the repayment of his/her obligation to others. Therefore, the defendant did not deceiving the victim.

Specifically, when the victim requested to raise money for gambling around November 2008, the motor vehicle is 10 million won borrowed from the O as security and the following day.

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