(영문) 춘천지방법원 강릉지원 2014.10.08 2014고정316

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(영문) 춘천지방법원 강릉지원 2014.10.08 2014고정316

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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 27, 2012, the Defendant made a false statement to the victim D’s house located in Gangnam-si C 703, stating that “I will receive the victim’s living expenses due to the awareness of the business and do not receive the living expenses, which is KRW 6 million, and written and repaid only six months. I will lend money to the victim in a more reliable manner than the loan certificate.”

However, in fact, the Defendant was in a state without any particular property, such as real estate, in the name of the Defendant, and there was no intention or ability to repay even if the Defendant borrowed money from the victim, in an economic difficult situation, such as where the obligation was approximately KRW 15 million due to the Defendant’s failure to perform the funeral of “E” operated at the time.

Nevertheless, the defendant deceivings the victim as above, and then acquired 6 million won in cash from the mutually influent restaurant near the Gangseo-gu si-dong taxi plaza on the same day from the victim.

2. On June 29, 2012, the Defendant made a false statement to the above victim’s house, stating that “Aphere is the head of mbcon union, and there is no monthly wage and no money,” thereby, if the Defendant borrowed money, the Defendant would make a full payment without any molding whether his salary would be paid at once if the president is changed.”

However, in a situation where such economic difficulty is difficult, the defendant only thought that he would use the money as living expenses, etc. from the victim and did not intend to pay the above money to the head of mbcamno.

Nevertheless, the Defendant, as above, by deceiving the victim and then deceiving the victim through a new bank passbook (Account Number:F) in the name of the Defendant from the victim, acquired the remainder of 4.1 million won after deducting KRW 9 million from six months in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notarial deeds;

1. Copies of each cash storage certificate;

1. Application of the Credit Report Act

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