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(영문) 전주지방법원 군산지원 2019.03.27 2018고단1003
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On November 27, 2017, the Defendant was sentenced to three years of imprisonment for a crime of fraud at the Jeonju District Court on March 5, 2018, and the judgment became final and conclusive after withdrawing the appeal.

【Criminal Facts】

Around August 30, 2012, the Defendant made a false statement to the victim D and the victim E, “The monthly profits from each month from the progress of tin acid development projects in the Hasan-si F and the former G regions are KRW 1.134,200,000,000,000,000 for the principal and the monthly profits will be refunded three months after the loan of the development costs, and the amount of the principal will be paid after each month, and the amount of the access road construction cost and the grave removal equipment is currently required, and the amount of KRW 22,50,000,000 is loaned first.”

However, even if the above money was received from the victims, the defendant thought to be used as personal debt repayment and living expenses of the defendant, and therefore there was no intention or ability to return the above money to the victims by normally carrying out the above Hosan Development Project.

Nevertheless, on August 30, 2012, the Defendant: (a) by deceiving the victims by the foregoing method; (b) received KRW 22,500,000 for checks as the construction cost of the access road to the above Tansan on August 30, 2012; and (c) received KRW 324,493,000 for a total of 14 times from around that time to May 22, 2013, as indicated in the attached list of crimes.

Summary of Evidence

1. The defendant's partial statement (a statement to the effect that the defendant's business of collecting earth and stones was not a business of collecting earth and stones, but a business of collecting earth and stones, and there is no promise to return the principal, and that the victims invested in the business rather than lending money

1. Each prosecutor's protocol of examination of the accused;

1. E prosecutorial statement;

1. An interrogation protocol of the police against the accused (second time);

1. Each police statement of E, D, and H;

1. Copy of the statement made to H by the police;

1. The complaint, the check-up statement, the investigation report (the check-up statement and the check-issuance statement, the check-up statement attached); and

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