(영문) 광주지방법원 2015.03.10 2014고단4788

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(영문) 광주지방법원 2015.03.10 2014고단4788

사기

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 13, 2013, the Defendant stated to the effect that “Around March 13, 2013, the Defendant issued to the victim D (Nam and 44 years of age) a loan certificate bearing the seal imprint of E, the wife, and a car transfer certificate, and the initial funds are needed to increase active distribution customers. When the credit amount is recovered after two months, the Defendant would pay the credit amount at the time of collection, and would lend KRW 30,000,000,000,000 per month, and would offer three active transportation vehicles as security.”

However, at the time, the Defendant was the so-called “person with bad credit standing,” and there was no intention or ability to repay the debt amounting to KRW 1 billion due to no other property or income, and even if he borrowed money from the victim, he did not have any intention or ability to repay it in time.

Nevertheless, the Defendant made a false statement to the victim as above, and acquired the money from the victim as a deposit account in the name of a national bank in the name of F managed by the Defendant on the same day.

2. On May 9, 2013, the Defendant stated to the effect that “Around May 9, 2013, the Defendant borrowed money of KRW 20 million from G to the victim before borrowing additional money from the victim to the effect that “Around the same place of business (i.e., opening up a frequency collection) is insufficient, and the remainder will be repaid as a result of the operation of the restaurant.”

However, there was no difference in the above economic circumstances, and there was no clear prospect that the defendant would obtain loans from G or operate a restaurant well.

Nevertheless, the Defendant made a false statement to the victim, and received 10 million won on the same day from the victim to the same account as the loan money, and acquired it by remitting 8 million won to the same account on the 31st of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the prosecutor's protocol of examination of the accused;

1. Each police statement of D shall be made respectively.

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