(영문) 제주지방법원 2015.09.02 2015고단354

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(영문) 제주지방법원 2015.09.02 2015고단354

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2014, the Defendant, the representative of the Victim C (33 years of age) and high school, expressed his/her intent to purchase the said apartment 402 to the victim on the construction site of the said apartment site in Jeju-si, and falsely stated that “A victim C shall be reimbursed KRW 4-50 million in the amount to be collected at KRW 5-60 million and the amount to be collected from his/her business partners, if he/she borrowed KRW 12 million with a house purchase fund, around 5-6 months and around 5-6 months.”

However, the Defendant did not have any property other than the amount equivalent to KRW 2 million paid from the company at the time, and there was no intention or ability to repay the amount, even if he borrowed the money from the victim because there was no obligation to receive the money from friendly or from the customer to be attributed to the Defendant, or even if he borrowed the money from the victim.

Nevertheless, on February 10, 2014, the defendant deceivingd the victim and caused the victim to transfer the amount of KRW 12 million to the account in the name of the Dispute Resolution BankB.

2. On May 2014, the Defendant continued to pay the debt under paragraph (1) by phone to the victim on or before the next day, while he did not pay the debt, and on or around May 2014, the Defendant: “If he/she lends KRW 20 million with the e-mail, he/she will first repay the debt with the e-mail borrowed money for up to six months. If she lends this0 million won, he/she will first repay the debt amount of KRW 50 million.”

However, the Defendant had a debt equivalent to KRW 20,000,000,000, including the debt borrowed from the lending company at the time and the expenses used to purchase the house, and the Defendant did not have any intent or ability to repay the debt even if he borrowed the money from the Defendant’s punishment or from the customer because the money to be collected from the Defendant’s business partner was not in full.

Nevertheless, the Defendant, by deceiving the victim, received 20 million won from the victim to his own account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Handiculon photographs 1.

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