(영문) 의정부지방법원 2018.07.19 2018고정557

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(영문) 의정부지방법원 2018.07.19 2018고정557

사기

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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 23, 2016, the defendant called the victim C's mobile phone at the non-permanent location of the border on May 23, 2016, and the victim is scheduled to open the camp at salary-gun, but the facility cost is insufficient.

Along with a loan that reduces interest, a false statement was made to the effect that the loan will be repaid without mold until December 31, 2016.

However, at the time, the defendant did not have any particular income as a recipient of basic living, and even if he borrowed money from the victim due to very economic difficulties to the extent that he did not pay the mobile phone fees, he did not have any intention or ability to pay the money in time.

Nevertheless, the defendant deceivings the victim as above, and 20 million won from the victim to the post office account (D) in the name of the defendant. The defendant acquired the money from the victim as the borrowed money.

Summary of Evidence

1. The legal statement of the witness C;

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

1. Investigation report (suspects' lectures and consulting imports related to camping);

1. The Defendant asserts to the effect that, at the time of borrowing the transfer receipt, the statement of entry into and withdrawal from the account for remittance [the Defendant had the intent to repay and the ability to repay from the damaged party at the time of borrowing KRW 20 million.

However, the circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, ① the Defendant used the victim at the time of the instant case for the camping facility costs, and demanded to lend KRW 20 million to the victim, and he/she shall be repaid until December 31, 2016.

(2) At the time, the Defendant did not pay the mobile phone fee to the extent that he did not have any particular income, and (3) at this court, the Defendant paid the money with profits, etc. that the Defendant gains from the election campaign-related lectures.

As such, the Defendant and the victim stated that they were given a loan to trust and borrow the horses, and ④ at the time of the instant case.

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