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(영문) 의정부지방법원 고양지원 2015.02.13 2014고단1559
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 30, 2011, the Defendant made a false statement to the effect that “The Defendant would make a total of KRW 30 million including KRW 20 million borrowed from the victim, while preparing for a project requiring KRW 1.0 billion to the victim E, but not exceeding KRW 99 million.” On November 15, 201, the Defendant made a false statement to the effect that “The Defendant would make a total of KRW 30 million including KRW 20 million borrowed from the victim,” to the victim E.

However, without any special property or occupation, the Defendant did not engage in the business required for KRW 1 billion, or prepared to prepare for KRW 990 million from the victim, created KRW 100 million when investing KRW 25 million by borrowing the above money from the victim, and intended to make investments in a person who creates KRW 400-500 billion when re-investmenting the above KRW 100 million, and had no intent to repay obligations to the victim on behalf of the F. Therefore, even if the Defendant borrowed the above money from the victim, the Defendant did not have any intent or ability to repay the sum of KRW 30 million until November 15, 201.

Around October 31, 2011, the Defendant received KRW 10 million from the victim to the bank account (Account Number: G) in the name of the Defendant.

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

Summary of Evidence

1. The defendant's partial statement (the fact that he/she received money);

1. Each legal statement of E and F;

1. Financial transactions in the principal;

1. Application of the Acts and subordinate statutes governing liquidity transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Determination on the assertion of the defendant and defense counsel under Article 62-2 of the Criminal Act regarding probation and community service order

1. The alleged defendant did not talk with the victim as stated in the facts charged.

2. According to the evidence duly adopted by this court, the defendant and the victim did not have any relationship with each other, and the F, who had a relationship with the defendant, is the defendant.

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