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Reasons
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(영문) 수원지방법원 2013.06.27 2012고단5504
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as a real estate broker in 2004, became aware of the victim C (72 years of age, female) in the beauty art room and continued monetary transactions by borrowing KRW 30 million from the victim around October 2004, and paying interest of KRW 1% per month.

On January 10, 2007, the Defendant made a false statement to the effect that “The Defendant would pay the victim interest of 1% per month in the name of remittance in the name of transfer of KRW 20 million, and make repayment without delay when the principal is returned.”

However, on October 2004, the Defendant borrowed KRW 30 million from the victim and was unable to repay the principal of KRW 10 million among them. Since the Defendant was in arrears with the victim’s demand to repay the principal, the Defendant did not have any intent or ability to repay the principal even if borrowing KRW 20 million from the victim.

Nevertheless, the Defendant received 20 million won from the victim’s seat to the Agricultural Cooperative Account under the name of the Defendant.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement A and E of the suspect interrogation protocol of the second prosecutor's office against the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to written answers, bills of passbooks, transcripts;

1. The reasons for sentencing under Article 347(1) of the relevant Act and Article 347(1) of the Criminal Act regarding criminal facts and the selection of punishment are as follows: (a) the Defendant borrowed KRW 20 million from the victim on or around January 10, 207, but lost in the first instance trial after denying it; (b) the Defendant agreed to pay KRW 10 million to the victim until March 31, 2013 and KRW 20 million until June 30, 2013; and (c) the Defendant submitted his written opinion on December 13, 2012 to the effect that the Defendant did not borrow KRW 20 million from the victim on the date of trial on January 14, 2013.

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