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(영문) 수원지방법원 안산지원 2014.03.20 2014고단236
사기
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A defendant shall be punished by imprisonment for three years.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On December 2, 2007, the Defendant made a false statement to the victim E at the coffee shop located in Suwon-si, Suwon-si, stating that “The Defendant borrowed KRW 120 million as money is insufficient to purchase an apartment in Mancheon-do. It would sell apartment and repay it until December 2010.”

However, in fact, the defendant did not have the intent or ability to preferentially repay the victim's debt even if he purchased an apartment house and sold it after he was urged to repay the debt from 4 to 500 million won at the time of borrowing.

Nevertheless, as such, the Defendant, by deceiving the victim, acquired the total amount of KRW 120 million from six victims, including the sum of KRW 650 million from the victim 6,6810,000,000,000 on December 7, 2007, KRW 65,000 on December 14, 2007, KRW 30,000 on January 11, 2008, and KRW 10,000 on July 8, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, D, G, H, and I;

1. Each complaint filed by E, F, D, H, G, and I;

1. Application of the Acts and subordinate statutes to each copy or original copy of the notarial deed (Evidence List Nos. 9, 10, 13), each loan certificate (Evidence List Nos. 18, 21), each payment note (Evidence List Nos. 19), remittance confirmation (Evidence List No. 25), apartment registry copy (Evidence List No. 27), subrogation confirmation (Evidence List No. 28), passbook transaction statement (Evidence List No. 28), copy of passbook transaction statement (Evidence List No. 8), each account transaction statement (Evidence List No. 17,23), and specification of transactions (Evidence No. 30);

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation Orders (the application of the applicant for compensation is not deemed to have been filed after the closing of argument).

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