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(영문) 울산지방법원 2020.08.28 2020고단618
사기
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Defendant

A Imprisonment with prison labor for nine months and for six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A and Defendant B needed money to be used for personal purposes, such as the payment of their respective deposit and the repayment of their debts, so they had the intent to lend and use money from the victim C for interest play.

Defendant

A and Defendant B conspired on June 30, 2016 in Ulsan-gu D, Ulsan-gu, 2016, and Defendant A will pay the victim C the principal by the date of June 30, 2018, on the following grounds: (a) whether the victim C would have lent money to taxi engineers while operating the E along with B, and have interest play in order to receive interest; (b) if the amount of KRW 100 million is leased, the amount of KRW 500,000 per month will be paid as interest, and the principal will be paid by June 30, 2018.

"Falsely speaking, Defendant B made a false statement to the same purpose, and made Defendant B believe that the intent of the lending was trusted by preparing a certificate of borrowing.

However, in fact, Defendant A and Defendant B did not have any special property and received money from the victim and Defendant A did not have the ability to repay the remainder of the deposit, and Defendant B did not have the ability to borrow the money by means of a plan to use it for the repayment of

Nevertheless, around June 30, 2016, Defendant A and Defendant B deceiving the victim as such and acquired money from the victim to the F account (G) in the name of Defendant B by transfer of KRW 95 million.

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. C’s legal statement;

1. A certificate of borrowing or power of attorney;

1. The certificate of transaction (F) 【Defendant B”);

1. Partial statement of the defendant;

1. A’s legal statement by a witness C and A;

1. Police suspect interrogation protocol of the accused;

1. A certificate of borrowing or power of attorney;

1. Defendant B asserts to the effect that he borrowed money from Defendant A and did not commit the crime as stated in the judgment in collusion with Defendant A, but did not intend to commit the crime by fraud.

According to each evidence of the judgment, the following facts and circumstances are recognized:

- Defendant B also uses the borrowed money for Defendant A to play money against taxi drivers.

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