(영문) 대전지방법원 2018.11.23 2018고정297

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(영문) 대전지방법원 2018.11.23 2018고정297

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 29, 2011, the Defendant: (a) in the victim C’s residence in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant borrowed the victim’s money to pay; (b) KRW 20 million to the victim; (c) KRW 260,000,000 as interest per month; and (d) paid the principal within three months.

“The phrase “ was false.”

However, in fact, the Defendant did not have any special property or income, and even if he borrowed money from the injured party, the Defendant did not have any intention or ability to repay the money.

Nevertheless, the defendant deceivings the victim C as above and obtained the above amount of KRW 20 million from the injured party to receive the above amount of money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C and the witness D's partial statement;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of partially the police officers of the accused;

1. A statement to the effect that a reply, such as criminal history, a statement of inquiry, and a result of an investigation (Attachment, etc. of a copy of a witness D resident registration list) / [the defendant lent money to the investigative agency as if he/she knew that he/she would not lend money to the victim,” and “D shall enjoy gambling and gambling with good credit for the surrounding persons, not good” (Evidence records 35-38, 92 pages). If the defendant notified that he/she would lend money to the victim and give money to D, the victim would not have lent money to the victim, and the defendant would be paid the remainder of money by E.

of this section, the Corporation shall be deemed to have been fully paid.

Although the defendant asserted that he was well aware that he did not have the ability to repay to D as stated in the above statement, so it is difficult to accept the above argument of the defendant, who was aware that D had paid the money, and D also submitted data related to payment to the investigative agency.

However, there is no particular material (D's statement in this Court).

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