(영문) 서울남부지방법원 2015.12.16 2015고단2541

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자간(%)

(영문) 서울남부지방법원 2015.12.16 2015고단2541

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

As of June 17, 2013, the Defendant did not have any special occupation and did not have any ability or intent to repay the amount of taxes in excess of 64,913,890 won, as of June 17, 2013, as well as other credit card payments.

1. On June 17, 2013, at a restaurant located in the Jung-gu, Seoul Special Metropolitan City, the victim C made a false statement that “I would pay KRW 2.5 million to the victim with the funds invested in the purchase of machinery discharging food wastes as sewage outlet, but if I lend money of KRW 5 million to the victim, I will pay KRW 1 million every month in five months.” The victim shall receive money from the victim to the account designated by the defendant, and the victim shall receive money from the victim.

2. On June 26, 2013, a victim calls to the victim at a place where the location is unknown, and makes a false statement to the effect that “If the account that received five million won as the machine price is seized and the money is to be paid again, it shall be paid in one million won per month,” and that it shall be acquired by remittance from the victim to the account designated by the Defendant;

3. On July 8, 2013, in a place where a place is unknown, the victim called the victim’s telephone and received 1.3 million won per month from the victim to the account designated by the defendant, stating that “if the victim invests 10 million won in the secondhand goods in Korea, it may receive KRW 1.3 million per month as interest. If the person lends 10 million won as part of the monthly profit, and the principal would be repaid after three months to six months, it shall be remitted from the victim to the account designated by the defendant.”

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

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

1. Statement of the police statement regarding C;

1. A statement of trading, etc.;

1. The defendant and his defense counsel asserts that there was no criminal intent to obtain fraud from the defendant at the time of investigation report (as to the amount in arrears of the suspect's taxes).

However, at the time of each loan of this case.

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