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(영문) 인천지방법원 부천지원 2014.05.15 2014고정95
사기
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Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 26, 2012, the Defendant made a false statement in a restaurant where the trade name on the Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju District Real Estate Agency cannot be known, and the victim C cannot receive a death if he/she could not receive a full payment of the bonds. The Defendant borrowed money within two months from the loan of money.

However, the Defendant, at the time, was liable for a loan of approximately KRW 2,500, and the monthly wage was not charged to KRW 500,000,000 and was in excess of the obligation due to the absence of assets, so even if he borrowed money from the victim, he did not have the intent or ability to repay it as agreed to the victim.

As above, the Defendant received a false statement from the victim, and received a total of KRW 3 million on March 26, 2012 from the victim, and KRW 7 million on April 2, 2012 from the victim to the Agricultural Cooperative Account in the name of the Defendant, and acquired pecuniary benefits equivalent to that amount.

2. On May 2, 2012, the Defendant concluded that “A victim C shall have a place of KRW 20 million between early payment, and the amount of insurance money shall be loaned KRW 10 million as security to the victim C before the enterprise bank in Spo-dong, Kimpo-si, Kimpo-si, with the payment of interest and principal on the two-months.”

However, the Defendant did not receive or plan to prepare KRW 20 million from anyone, and as such, there was no intention or ability to repay the amount to the victim as agreed, even if he borrowed money from the victim.

As above, the Defendant, who made a false statement to the victim, received KRW 10 million in cash on the same day from the victim, and received KRW 3 million in cash on July 2, 2012, and acquired each pecuniary profit equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of witness C;

1. Each prosecutor and police interrogation protocol of the accused;

1. Statement to C by the police;

1. Criminal complaint, loan certificate, notarial deed, and variable insurance;

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