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(영문) 수원지방법원 안양지원 2016.10.27 2016고정37
사기
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 11, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in the Jung-gu District Court Goyang branch on September 11, 2012, and the judgment became final and conclusive on December 7, 2012.

In addition, the defendant was sentenced to two years in Seoul High Court on September 10, 2015 to imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on December 24, 2015.

Around December 22, 2009, the Defendant told the Victim F to the office E located in Namyang-si, the Namyang-si, the Republic of Korea, “I will give 90,000,000 won per month if I lend 30,000,000 won to the above owner, excluding the money to be paid to the obligees.” The Defendant said that “I will give 30,000 won per month if I lend 30,000 won to the obligees.”

However, the Defendant did not have any special property or income. At that time, H, the owner of the above real estate, was loaned the above real estate as joint collateral, and the total debt exceeded the market price of the above real estate, so even if the auction of the above real estate was conducted properly, the Defendant could not repay the money borrowed from the victim on the ground that there was no money to be distributed to the owner.

Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay or pay interest as promised.

Therefore, the Defendant received from the victim the amount of KRW 3 million on December 22, 2009 and KRW 27 million on December 24, 200, respectively, through I, who is the seat of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police suspect interrogation protocol regarding C and I;

1. The police statement concerning F;

1. Confirmation of evidence about the suspect's circumstances at the time of committing this case;

1. A statement of performance;

1. Full certificate of the registered matters;

1. J. M.

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