(영문) 수원지방법원 성남지원 2017.06.15 2016고단4029

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(영문) 수원지방법원 성남지원 2017.06.15 2016고단4029

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2015, the Defendant shall make an offer to the victim C at the coffee shop located in the Jung-dong, Seongbuk-gu, Seongbuk-gu, Chungcheongnam-gu, Sungnam-gu, 2015 to make a profit by making an offer to the apartment, and if he/she lends the down payment to the apartment, he/she shall make a payment including the principal and interest after making the winning in the apartment.

“The phrase “ was false.”

However, even if the Defendant borrowed money from the injured party, he was able to use it as a horse fund or to repay obligations to other debtors, including D, and there was no other funds held by the injured party, and there was no other ability or intent to repay the money after using it for the agreed purpose.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 12.5 million from the victim to the corporate bank account under the name of the Defendant on February 26, 2015, KRW 6 million on February 27, 2015 to the same account, and issued KRW 10.5 million on March 6, 2015 to each of the same account and received KRW 29 million in total as the borrowed money to use for the apartment subscription.

2. On June 19, 2015, the Defendant made a false statement to the effect that he/she lent 8.5 million won to the Defendant, after having to repay to the victim at a place where the place of light is unknown.

However, in fact, the Defendant had already failed to repay the money from the injured party as stated in paragraph 1, had been able to use the money from the injured party to repay the debt to the other debtor with the money borrowed from the injured party, and there was no other ability or intent to repay the money from the injured party, even if he borrowed money from the injured party due to the lack of funds.

Ultimately, the Defendant, by deceiving the victim as above, received 8.5 million won from the corporate bank account under the name of the Defendant to the borrowed money on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1.Each.

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