(영문) 청주지방법원 2014.04.30 2013고단1126

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(영문) 청주지방법원 2014.04.30 2013고단1126

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A defendant shall be punished by imprisonment for six 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. Fraud against victim D;

A. On December 9, 2010, the defrauded made a false statement to the effect that, around December 9, 2010, the Defendant would pay the principal to the victim D the interest of KRW 1 million per month if he/she borrowed KRW 40 million.

However, as the defendant bears a debt equivalent to KRW 100 million without any special property at the time, the defendant borrowed money from others, and there was no intention or ability to repay the principal, interest and living expenses even if he borrowed money from the victim.

The Defendant, by deceiving the victim as such, received 40 million won from the victim to the post office account under the name of the Defendant in the name of the victim as the borrowed money.

B. Around January 7, 2011, the Defendant made a false statement to the effect that, by phoneing the victim D at an unspecified place on January 7, 2011, the Defendant would sell the said vehicle to the victim and make a purchase of the said vehicle. On the loan of money, the Defendant made a false statement to the effect that “The Defendant would immediately sell the said vehicle and make a payment for the principal and interest.”

However, the defendant was thought to repay other debts from the victim, and the defendant was to bear a debt amounting to KRW 100 million without any special property at the time, and even if the defendant borrowed money from the victim due to the loan of the principal, interest and living expenses from the others, he did not have the intention or ability to repay them.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the post office account in the name of the Defendant under the pretext of borrowing money.

2. On March 201, 201, the Defendant: (a) decided to purchase the victim C and the victim’s Epis car at KRW 13 million; and (b) received the said car from the victim.

On April 4, 2011, the Defendant was Buddhist.

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