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Reasons
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(영문) 광주지방법원 목포지원 2019.09.06 2017고단1503
사기
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A defendant shall be punished by imprisonment for one year.

It pays 190 million won to the applicant for compensation.

Reasons

Punishment of the crime

On September 20, 2015, the Defendant made a false statement to the victim B that “If the funds are insufficient to purchase the building and land in Pyeongtaek-si, only KRW 200 million, the Defendant would make a mortgage after acquiring the ownership of the said building and land, and would pay the interest in KRW 4.5 million each month.”

However, in fact, the defendant was not capable of purchasing the above building and land due to bad credit holder at the time. Even if he borrowed money from the victim, he thought to use it for personal purposes, such as F&L, so that the victim was set up a mortgage on the above building and land, and there was no intention or ability to pay interest thereon.

On September 24, 2015, the Defendant, by deceiving the victim as above, received money from the victim to the Agricultural Cooperative Account (H) in the name of the said owner of the building on September 24, 2015, KRW 100 million, and KRW 90 million, from the Agricultural Cooperative Account (J) in the name of the Defendant’s use on September 25, 2015.

Summary of Evidence

1. Statements of witnesses B and K in the second protocol of the trial;

1. Statement made by witnesses D in the third protocol of the trial;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the suspect examination of the accused (including a cross-examination);

1. Statement of the police concerning L;

1. The judgment of the defendant on the real estate sales contract, special agreement, monetary loan contract, monetary transfer result inquiry, and copy of the register of the company was made by the defendant to lend KRW 190 million from K to the victim for the purchase of the building of this case. However, since L was unable to find out the title holder to take over the loan obligation of KRW 1290,000,000 as collateral for the building of this case, the sales contract of this case was reversed. Thus, the defendant deceivings the victim at the time of financing the above money from the victim.

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