(영문) 수원지방법원 2020.01.16 2019고단2282

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(영문) 수원지방법원 2020.01.16 2019고단2282

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 became final and conclusive.

Reasons

Punishment of the crime

1. On December 6, 2017, the Defendant made a false statement to the victim D at the C office located in Suwon-gu, Suwon-gu, Suwon-gu, Seoul, that “A deposit for the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of KRW 30 million shall be repaid within one week

However, in fact, the Defendant had a debt of approximately KRW 30 million at the time, and most of the monthly revenues were consumed as child support and monthly rent, and the Defendant had no specific property since before February 2015, there was no dispute over the existence of the pertinent claim against the said corporation C, etc., and even if she borrowed money from the victim, it was thought that it was used in the repayment of personal debt, not the deposit, and therefore there was no intention or ability to pay the money to the victim from the beginning.

Nevertheless, the Defendant deceivings the victim as above, and was transferred KRW 30,000 to the corporate bank account in the name of the Defendant on the same day under the pretext of borrowing from the victim.

2. On December 15, 2017, the Defendant, at the same place as indicated in the foregoing paragraph (1) on December 15, 2017, concluded that “If the Defendant additionally lends 20,000 won of the deposit, it would be repaid with the money borrowed earlier.”

However, the defendant did not have any intention or ability to pay money from the beginning for the same reason as the statement in Paragraph 1.

Nevertheless, the Defendant deceivings the victim as above, and was transferred KRW 20,000 to the Nonghyup Bank account in the name of the Defendant on the same day under the pretext of borrowing from the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Some of the interrogation records of the second prosecution against the accused;

1. A copy of the bankbook and a copy of each letter;

1. Details of deposit transactions;

1. It is also true that credit information is used for the repayment of debt, not the deposit, by borrowing money from the victim.

유사 판례

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