(영문) 서울서부지방법원 2015.12.23 2015고단1798

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(영문) 서울서부지방법원 2015.12.23 2015고단1798

사기

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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On May 20, 2014, the Defendant made a false statement to the effect that, “The Defendant, at the home of the victim D (W, 54 years old) of Seodaemun-gu Seoul Building 101, the Defendant made an investment in Indonesia, but did not pay KRW 200 million out of them,” and that, at the same time, the Defendant is urged to pay from a person who is in custody of money to a person who is actually in need of money or funds. However, at the same time, the Defendant would be able to resolve one through two weeks, by means of a loan certificate, to a person who has invested in money, and as a joint and several surety.”

However, the defendant did not have connected to a person in need of money and funds, and even if the victim did not have any property, and even if he/she had joint and several sureties, he/she did not have any intent or ability to repay the debt that the victim was a joint and several sureties within one to two weeks

Nevertheless, the defendant deceiving the victim and let the victim sign his debt 200 million won against E with the defendant's debt 200 million won, thereby acquiring financial benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Each police statement concerning D;

1. Photographs, text, and certified copy of the register;

1. Joint guarantee certificates;

1. Recording notes, the relationship between the Defendant and the victim in the instant case, and the Defendant was the victim to the effect that the Defendant is running a business involving a large amount of money at the time of the instant case, and that the Defendant would settle his/her debt against E with the entry of money at the time of the instant case. Even thereafter, the victim continued to make a false statement as if he/she created the money immediately if he/she waits for the delivery of the checks and the pictures of the money, and that he/she continued to settle his/her debt against E, and the victim believeded the Defendant, but, on January 2015, the victim was the victim as a joint and several surety claim against the victim.

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