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(영문) 대전지방법원 2015.08.26 2014고단3657 (1)
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around July 13, 2013, the Defendant found the F Office for the Operation of Victim E in Dongdaemun-gu Seoul, Dongdaemun-gu, with G, and purchased this real estate from G to the victim, thereby making it possible for the victim to purchase that real estate. The Defendant borrowed money to lend money. The Defendant borrowed KRW 100 million until September 14, 2013, the Defendant would return the interest KRW 10 million.”

However, the Defendant had expressed an intent to use the money borrowed from the victim to pay 85 million won to others, and there was no special property, and there was no intention or ability to pay the money borrowed from the victim in time.

Nevertheless, the defendant deceivings the victim as such, and obtained KRW 100 million from the victim's place of residence and acquired it by fraud.

Summary of Evidence

1. Statements of the defendant in part of the fourth trial records;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Part of the second police interrogation protocol against the defendant, E

1. Each police suspect interrogation protocol concerning G;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on a complaint and a loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Determination of the defendant and defense counsel's assertion of alternative imprisonment with labor

1. The summary of the argument is as follows: (a) the Defendant did not call the victim to the effect that “I would be money if I would be. I would be money if I would be sold.” (b) I would have expressed that “I would like to use money promptly; (c) I would have the intent and ability to repay the above KRW 100 million borrowed from the victim.” (d)

2. Determination

A. The intent of the crime of defraudation, which is a constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history before and after the crime, the environment, the details of the crime, and the process of transaction.

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