(영문) 춘천지방법원 강릉지원 2016.02.17 2015고단1015

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(영문) 춘천지방법원 강릉지원 2016.02.17 2015고단1015

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2014, the Defendant made a false statement to the effect that “Around June 21, 2014, the Defendant: (a) lent KRW 15 million as living expenses, school expenses, etc. for children are insufficient; and (b) entered the head of the Tong by June 17, 2014.”

However, the above KRW 1 billion was the Defendant’s establishment of a Korean household supply company of the United States, G or H, with the establishment of a corporate foundation. However, the Defendant could not repay its establishment funds to the victim’s private debt. On April 2013, the Defendant paid the amount equivalent to KRW 100 million to I, who was the president of the said G G, but was not certain at the time of the loan when one year has elapsed since the payment, and the Defendant did not have received KRW 1 billion as the establishment funds of the corporate foundation until September 2015.

In addition, the defendant did not have property at the time, and there was no certain income, and therefore, even if he borrowed money from the damaged person, there was no intention or ability to change it within the agreed period.

The defendant deceivings the victim as above and received 15 million won as the loan from the victim around that time.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. F statement made to the defendant in the protocol of interrogation of the suspect against the defendant;

1. Statement made by the prosecution with regard to I;

1. Statement made by the police with regard to F;

1. It is true that the Defendant borrowed KRW 15 million from the injured party as stated in the facts of the crime in the judgment, as stated in the judgment, by case of transfer, a detailed inquiry by case, credit information inquiry, and a certificate of debt balance (the Defendant, as stated in the facts of the crime, intended to recover and pay the investment money from police officers I on June 2014, so there is no intention to commit fraud.

The evidence duly adopted and examined by this Court.

유사 판례

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