(영문) 울산지방법원 2019.01.30 2018고단2828

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(영문) 울산지방법원 2019.01.30 2018고단2828

사기

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A defendant shall be punished by imprisonment for six months.

except that 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

On April 15, 2014, the Defendant made a false statement to the effect that “The Defendant would have a victim C, who works in Yangsan-si B, borrowed a cafeteria operating capital amounting to eight million won and would have the victim repaid the cafeteria.”

However, the Defendant had no intention or ability to pay the amount promised to the victim because it was difficult to operate the restaurant due to the difficulty of operating the restaurant, and because the Defendant was unable to pay the card price by lending money from E, F, etc., so even if he borrowed money from the victim, the Defendant did not have an intention or ability to pay the money as promised by the victim.

Nevertheless, on April 15, 2014, the Defendant, by deceiving the victim, received transfer of KRW 8 million to the G bank account (H) in the name of the Defendant on April 15, 2014, from that time, and received a total of KRW 5 million from that time up to July 29, 2015, as described in the attached list of crimes, from that time.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to C by the police;

1. Each loan certificate, each application for bankruptcy or exemption, the list of creditors, and the inspection of the details of each liquidity transaction;

1. Determination as to the assertion of the Defendant and the defense counsel by each investigation report (Evidence List Nos. 4, 6, 17, and 32)

1. The alleged victim is well aware of the financial situation of the defendant and the operational difficulties of the enterprise, but the defendant stated to the effect that "a person who lends money to another person and makes a loan to him/her and makes a payment at all times shall not be repaid immediately when he/she pays interest." The defendant continued to pay interest to the victim. As such, the defendant did not deceive the victim of his/her intent to repay the loan or ability to repay the loan.

2. According to the evidence duly examined and adopted by this Court, the Defendant borrowed money from the victim as the cafeteria operating fund is insufficient.

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