(영문) 수원지방법원 2013.11.13 2013고단4411

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(영문) 수원지방법원 2013.11.13 2013고단4411

사기

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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. On February 20, 2009, the Defendant made a false statement to the victim C, stating that “When the Defendant’s house located in the north-gu Busan Metropolitan Government B is to operate the system with the domestic share price, 100,000 won per month, 10,000 won per month will be paid as a fraternity in the 11th month in the 11th month, and even if the fraternity is broken at the middle, the Defendant will be responsible for and promised to pay the fraternity.”

However, in fact, since the defendant was engaged in the bond business at the time, but the financial standing of the defendant has deteriorated, such as not being recovered, and there was no property or income that can be responsible for it when the fraternity has broken off, and since from the third month after the commencement of the fraternity, there was no intention or ability to pay the fraternity that the victim promised to pay to the victim more than 10 times before the payment of the fraternity.

As such, the Defendant, by deceiving the victim, received from the victim the sum of KRW 10 million each month from November 2009 to the victim, and acquired it by deceiving the victim under the name of the time limit money.

2. On March 20, 2009, the Defendant concluded that, at the place under the preceding paragraph, the victim C, “I wish to make one system,” and “I will pay 10.8 million won in the 10th month of the 11 month following the 11th month when the time limit is paid in 10.8 million won per month, and even if the guidance is broken in the middle, I will be responsible for within the country and pay the guidance.”

However, as stated in the preceding paragraph, the defendant did not have the intention or ability to pay the guidance money to the victim.

As such, the Defendant, by deceiving the victim, received from the victim the sum of KRW 10 million each month from the victim to December 2009, and acquired it as the time limit money.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the protocol concerning the examination of the suspect against the defendant;

1. The application of C’s protocol of statement to C is 1.

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