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(영문) 수원지방법원 성남지원 2014.10.16 2014고단817
사기
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1. The defendant shall be punished by imprisonment for six months;

2.However, the execution of the above imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around February 21, 2013, the Defendant concluded that, at the Marina shop located on the fourth floor of the building of Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant would pay the victim D the principal and interest of KRW 1 million per annum if he borrowed only 20 million to operate the Marina site, and the principal would be repaid until August 20, 2013. The Defendant operated an entertainment drinking house in his wife, and the funeral service is very well-known and there is an amount of KRW 200 million after six months.”

However, since the end of 2012, the Defendant was unable to operate an entertainment drinking house, and the amount of KRW 50 million for entertainment drinking house deposit, KRW 55 million for monthly rent, KRW 200,000 for employees, KRW 15 million for employees, and KRW 2 million for employees. In operating an entertainment drinking house, the Defendant was obliged to pay KRW 95,00,000 for the amount borrowed from E, F, G, etc. and KRW 100,000 for the amount of KRW 10,000 per month for which the Defendant borrowed the house as security. The Defendant’s mother paid KRW 2 million for the amount of KRW 5,00 for the amount of KRW 10,00 for whom the house was extended as security, and KRW 5,00,000 for KRW 5,00 for management expenses, KRW 5,00 for the amount of KRW 20,000 for other persons after the six months, and there was no other intent of the victim.

Nevertheless, on February 21, 2013, the Defendant received 2 million won from the victim with the Defendant’s new bank account (H) around February 21, 2013, and acquired 18 million won with the same account around February 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

2. Part concerning D statements made to the prosecution of the defendant in the suspect examination protocol;

3. Application of Acts and subordinate statutes to investigation reports (to hear I telephone statements);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

2. Partial repayment of the amount of damage under Article 62(1) of the Criminal Act;

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