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Reasons
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(영문) 인천지방법원 2015.07.16 2014고단9099
사기
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On January 2012, the Defendant made a false statement to the victim D of Jung-gu Seoul Building A, Jung-gu, Incheon, stating that “The amount of the loan to KRW 100 million is KRW 70 million since the loan to the apartment is KRW 100 million, the Defendant would be used for the repayment of the loan.”

However, in fact, the Defendant did not use 50 million won for the repayment of the loan, and all of them saw as gambling money, and the Defendant had a bank debt of 280 million won, so even if he received KRW 100 million from the victim, there was no intention or ability to repay it after the termination of the lease contract.

As such, the Defendant, by deceiving the victim and deceiving him/her, transferred KRW 6 million from the victim on January 7, 2012, KRW 20 million on January 12, 2012, KRW 30 million on January 30, 2012, KRW 17 million on January 30, 2012, and KRW 15 million on February 7, 2012, and acquired it in cash and acquired KRW 29 million on March 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The defendant's partial statement in the interrogation protocol of the suspect against the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes on the lease contract for apartments, letter, E apartment 102-105, and copy of the G head of a Tong;

1. When entering into a charter agreement with the victim, the Defendant, who was subject to imprisonment, agreed to pay KRW 50 million out of the deposit received from the victim of the instant apartment, out of the secured debt of the Korea C&C Bank, which was established on the apartment of this case, to pay KRW 50 million out of the secured debt of the secured debt of the Korea C&C Bank, which is also recognized by the Defendant.

In addition, according to the defendant's statement and G head of Tong transaction in investigation agency, the defendant is transferred to the victim's KRW 30 million on January 30, 2012, and KRW 15,00,000 on February 7, 2012.

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