(영문) 서울북부지방법원 2014.07.17 2014고단340

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자간(%)

(영문) 서울북부지방법원 2014.07.17 2014고단340

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around May 2, 2011, the Defendant made a false statement to the victim C, stating, “The victim C shall be paid KRW 200,000,000 per month during which he/she has lent KRW 13 million to the victim, and the principal shall be repaid within one month.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, as above, by deceiving the victim, was given KRW 13 million from the victim who was in his seat.

Summary of Evidence

1. Legal statement of witness C and D;

1. Application of Acts and subordinate statutes to loan certificates and text messages;

1. The reason for sentencing under Article 347 (1) of the Criminal Code of the relevant criminal facts is that the defendant borrowed 13 million won without ability to repay the money, and acquired it (the defendant denies the crime of deception, but the defendant voluntarily stated that he did not have monthly income, because he did not have any property at the time of borrowing the principal or interest after borrowing the police suspect, and that he did not have any interest or principal, etc. at all after borrowing, and there is sufficient evidence collected in its holding that it is necessary to recognize the crime of defrauding the defendant. Thus, it cannot be seen that he borrowed money to the victim and denies the crime, etc. The light of reflectness cannot be found, such as denying the payment of principal or interest. The defendant sent an opportunity to demand repayment without paying the principal or interest for a long time after borrowing, the defendant cannot be determined by taking into account the circumstances of the crime of this case, including the increase in the victim's opportunity to give an opportunity to answer the victim, the circumstance leading up to the completion of the crime of this case, which is 3 million won after the completion of pleadings.

It is so ordered as per Disposition for the reasons above.

참조조문

-형법 제347조 제1항

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