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(영문) 광주지방법원 순천지원 2013.05.09 2013고단66
사기
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A defendant shall be punished by imprisonment for four years.

An applicant for compensation shall be dismissed.

2013No. 666 against the defendant.

Reasons

Punishment of the crime

[2013Kadan66] On November 2009, the Defendant stated that “When the seal company that the Defendant actually owns is faced with the crisis, it would be repaid at a rapid time to lend KRW 290 million to the victim C, it would be repaid if it would be possible for the Defendant to prevent default.”

However, even if the defendant borrowed the above money, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, from November 12, 2009 to August 6, 2012, received the remittance of KRW 200,000 from the victim, and acquired KRW 662,00,00 in total on 22 occasions as shown in the [Attachment List Nos. 2 to 23, such as the borrowed money, from August 6, 2012.

[2013No. 514] Around January 5, 2013, the Defendant sent a phone call to the victim F (32 years of age) at the Defendant’s house No. 110 and 302, and then opened ten gold 10 gold grams to the President of the Republic of Korea. Since the President of the Republic of Korea requires cash, he/she purchased the gold grams, and then then sold it within ten days of selling it in the paper market, he/she would make 10% of its investment and profit. When investing in gold grams, he/she would make 10% of its investment and profit.”

However, even if the defendant received money, he did not intend to use it for investment in the gold leader.

On January 6, 2013, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim to the Gwangju Bank account under the name of the Defendant, as a gold investment, and acquired it by fraud.

Summary of Evidence

[2013 Highest 66]

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Statement to C by the police;

1. Text messages;

1. Recording records;

1. Investigation report (verification as to whether a suspect has treated her anti-patum, etc.), investigation report (verification of criminal records of a suspect's family head, and omission);

1. Criminal records (G and H);

1. Family relation certificate:

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