(영문) 창원지방법원 2015.07.01 2014고단3171

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(영문) 창원지방법원 2015.07.01 2014고단3171

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Even if the Defendant borrowed money from the victim D due to the absence of special property or income at the time, the Defendant did not have the intent or ability to repay the borrowed money at the time, or did not intend to use it for the purpose of borrowing the borrowed money

1. On June 13, 2013, the Defendant, at the F Office in the operation of the victim, Kimhae-si 201, concluded that “If the victim lends KRW 25 million to be used as expenses for the establishment of a corporation, he/she will repay it three months later” and that he/she acquired KRW 25 million from the victim and acquired it by defrauded.

2. On June 24, 2013, at the same place around 17:00 on June 24, 2013, the Defendant: (a) falsely speaked to the effect that “the Defendant is obliged to pay the said KRW 10 million with the apartment design cost; and (b) he/she is obliged to pay the said KRW 3 days thereafter; and (c) he/she acquired the said KRW 10 million from the victim by defrauded.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Investigation report (Submission of passbook copies), investigation report (Submission of a certificate, etc. of the registered matters of the corporation);

1. The defendant and his defense counsel asserted that the defendant's assets were sufficiently repaid at the time of each loan, and G had intent and ability to pay KRW 300 million, since G promised to input KRW 300 million. The following circumstances acknowledged by the evidence duly investigated and adopted by this court, ① borrowed each money under the name of the defendant as stated in the judgment of the victim, ② even according to the defendant's statement, the amount actually paid in relation to the establishment or business of the corporation is limited to KRW 3 million for a certified judicial scrivener and KRW 5 million for service costs (the financial transaction details are limited to the amount of the defendant's money received from the victim, and there is no other evidence.

The portion of the remainder is the existing obligation that the defendant has borne against the third party.

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