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Reasons
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(영문) 광주지방법원 해남지원 2015.10.22 2015고단392
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around March 5, 2007, the Defendant made a false statement to the effect that “A victim E, who was well aware of the fact at the Dju station operated by the Defendant in Jindo-gun, Jindo-gun, Jindo-gun, with the intention that “I would pay a credit if I would lend money to the victim E with money to include the time limit money.”

However, in fact, the defendant thought that 5,000 won was incurred in the process of acquiring diversity, and he borrowed money from the victim to other creditors, and while the interest on the debt at the time was paid in an amount equivalent to 1,700,000 won per month, while the income from the diversing business was almost nonexistent and there was no intention or ability to repay the money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, obtained a cash payment of KRW 33.5 million from the victim on March 5, 2007, KRW 20 million on March 13, 2007, KRW 500,000 on May 21, 2007, and KRW 10 million on July 9, 2007, and acquired it by fraud.

Around December 1, 2006, the Defendant borrowed money from the Defendant’s residence in Jindo-gun, Jindo-gun, Jindo-gun, despite having no intent or ability to repay the money, and received KRW 20 million from the victim who borrowed the money if he/she borrowed the money from the Defendant despite having no intent or ability to repay the money. From February 2007 to March 2007, the Defendant borrowed money from the victim even though he/she did not have intent or ability to repay the money, he/she received KRW 30 million in total from the victim, such as receiving KRW 10 million from the victim.

Summary of Evidence

"2015 Highest 392"

1. Defendant's legal statement;

1. Statement to E by the police;

1. Deposit passbooks and the details of deposit withdrawal "2015 Highest 413";

1. Defendant's legal statement;

1. The police statement concerning F;

1. The application of the law of the investigative report (related to the date of crime).

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