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Reasons
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(영문) 대구지방법원 경주지원 2012.12.28 2012고단824
사기
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A defendant shall be punished by imprisonment for four months.

However, 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

1. On March 23, 2011, the Defendant told the victim D that “I will make a full payment within the earlier time to lend money. I want to lend money. I wish to do so.”

However, at the time, the Defendant was unable to pay KRW 40,000,000 from the lending company due to economic circumstances. The Defendant received cash services from the companies, such as Hyundai Card, New Card, and Slun Card, and was obliged to pay KRW 4,00,000 per month for the principal and interest borrowed from Hyundai Capital in the name of Bonam, and thus, there was no ability to pay the same even if the Defendant borrowed money from the victim.

The Defendant received from the victim the money of KRW 1.8 million on March 23, 201, and KRW 2 million on March 26, 2011, respectively, from the victim’s Daegu Bank Account under the name of the Defendant.

Accordingly, the defendant deceivings the victim and obtained a total of 3.8 million won from the victim, and acquired it by fraud.

2. On April 201, 201, the Defendant stated that “The Defendant shall pay the card price to the victim D, who is not sufficient to pay the card price. The Defendant shall pay the card price to the Defendant with the loan of money.”

However, in fact, the defendant did not have the ability to repay even if he borrowed money from the victim due to a difficult economic situation like the above paragraph 1.

Around April 9, 2011, the Defendant received KRW 1.8 million in cash from the victim and transferred KRW 900,000 to the Daegu Bank Account in the name of the Defendant on April 11, 2011.

Accordingly, the defendant deceivings the victim and obtained a total of 2.7 million won from the victim, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made to D by the police;

1. A detailed statement of transaction, a copy of each passbook, each cash receipt, a suspect's deposit account statement, and a detailed statement of deposit;

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