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(영문) 창원지방법원 통영지원 2021.02.17 2020고단1219
사기
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On August 2019, the Defendant committed the crime against the victim B made a false statement to the victim B at the mutual infinite shop located in the Seosung-gu Daejeon Sung-dong, Daejeon, that “on September 15, 2019, the Defendant would repay the remainder of KRW 20 million until September 15, 2019, and pay interest of KRW 40 million annually, if the Defendant loaned KRW 40 million to the victim B, who is required to provide a new funeral service.”

However, in fact, the Defendant thought that most of the borrowed money from the damaged party would be used as other debts, living expenses, and Internet gambling funds, and since the amount exceeds KRW 100 million due to debts such as loans at the time, there was no intention or ability to repay such money even if the Defendant borrowed money from the damaged party.

Defendant deceptioned the victim as above, and acquired 40 million won in the name of the borrowed money from the victim on August 9, 2019 through the transfer to the Nonghyup Bank Account (C) in the name of the Defendant.

2. On October 2019, the Defendant committed the crime against Victim D with the purport that “The Defendant would pay the victim D interest at an annual rate of 24% on the ground that he/she had to purchase the new shoes and clothing to sell them in the domestic (2020) year from F located in the window E of Changwon-si, Changwon-si, 201,” and that “I would like to pay the victim D interest at an annual rate of 24% due to the shortage of the price when he/she borrowed KRW 40 million as the price falls short.”

However, in fact, the Defendant thought that most of the borrowed money from the damaged party would be used as other debts, living expenses, and Internet gambling funds, and since the amount exceeds KRW 100 million due to debts such as loans at the time, there was no intention or ability to repay such money even if the Defendant borrowed money from the damaged party.

Defendant deceptioned the victim as above, and acquired money of KRW 20 million under the name of the borrowed money on October 22, 2019 from the victim to the Nonghyup Bank account (C) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1.Each regard to G and D.

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