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Reasons
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(영문) 수원지방법원 안산지원 2016.03.30 2015고단3457
사기
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 3, 2012, the Defendant made a false statement to the effect that “The Defendant would lend money to the victim C at the first floor of the Dong-gu Seoul Metropolitan Government Member B, Ansan-si, to pay the principal and interest after one year from the lending of money.”

However, from around 2010, the Defendant had no intention or ability to pay the principal and interest to the victim since he reported the enemy in the amount of KRW 10 million to KRW 50 million each year while running an insurance business and a short term business.

The Defendant, as described in the List of Crimes, including by deceiving the victim and receiving KRW 5 million from the victim on the same day as the loan money from the victim, received the payment of KRW 5 million from the victim on May 3, 2012 to February 26, 2015, the Defendant received a total of KRW 157,450,000 from the victim on 39 occasions, or acquired property benefits.

2. On March 2, 2015, the criminal defendant related to the extension of the due date for repayment made a false statement to the effect that "A victim C would not pay a total of KRW 160,000,000,000,000,000,000,000,000, such as internal loan, etc., to the 68-dong office located in Ansan-si, Ansan-si, Seoul, to the effect that "the due date for repayment will be extended." By June 1, 2015, the injured party would first repay the debt equivalent to KRW 24,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000 won."

However, the defendant did not have any intention or ability to defend for the above reasons.

As such, the Defendant, by deceiving the victim, had the victim extend the repayment period for the amount of damage under the above paragraph (1), thereby acquiring pecuniary benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of deposit, certificate of borrowing, or certificate of confirmation in cash, and a certificate of process;

1. Letters;

1. Patent collection receipts, trade specifications (Investigation Records No. 563 pages), trade statements (Investigation Records No. 569 pages) apply to statutes.

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