(영문) 수원지방법원 성남지원 2015.01.16 2014고단1897

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(영문) 수원지방법원 성남지원 2015.01.16 2014고단1897

사기

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A defendant shall be punished by imprisonment for six months.

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. Around July 2007, the Defendant: (a) concluded that, at the time, at the time of the Defendant’s house E located in the 8th floor of the building building of the Gangseo-gu Seoul Metropolitan Government Dateia and the 8th floor of the hospital building, the Defendant had no revenue of approximately KRW 3,50,000,000,000, and he was using most of the monthly wage for the stocks and futures investment, and there was an uncertain plan that he would make a full payment when the futures investment was made well with the stocks and futures; and (b) even if he borrowed money from the victim E, he did not have the intent or ability to return it and pay interest, the Defendant took the false statement to the victim E, stating that “I will make a full payment, and make it well with interest paid, as it may be necessary to do so; and (c) received KRW 20,000,0000,000 from the victim E on July 16, 2007 and remitted it to the Defendant’s account.

2. On March 5, 2008, the Defendant: (a) borrowed money from E to use it for stock and futures investment; and (b) from around October 2007, the Defendant failed to return the borrowed money from E in view of a large amount of damage caused by stock and futures investment; (c) thus, even if the Defendant borrowed money from the Victim G from E after three months, he did not have the intent or ability to refund the total amount of money borrowed from E; (d) the Defendant made a false statement to the victim that “if he/she borrowed money, he/she would have to make the sum of the money and interest borrowed from E at the last three months after he/she borrowed money from E, and he/she would have to pay 50 million won after three months after he/she borrowed money.” (e.g., he/she acquired the money from the victim with the same securities account in the name of the Defendant as the borrowed money from G, and acquired the sum by taking over KRW 50 million from the victim to the Defendant’s total amount of money borrowed.

Summary of Evidence

1. Defendant's legal statement;

1. E. among the first protocol of interrogation of each prosecutor's protocol against the accused.

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