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(영문) 창원지방법원 2017.12.15 2016고단3996
사기
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Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On December 24, 2015, the Defendant is required to operate a restaurant in the above museum with the bid of the G museum from the D shop in Kimhae-si, Kimhae-si, and the victim F introduced through E.

The 50,000,000 won shall be loaned to the victim's name and the 50,000,000 won shall be purchased, and the cafeteria shall be operated to use the vehicle and the remaining money, and the principal and interest shall be repaid.

“.......”

However, in fact, the defendant has no particular property and has a large amount of obligation, and even if he has received the vehicle and money from the injured party, he did not have the intention or ability to operate the restaurant by winning the above museum or to repay the loan principal.

However, Defendant 1, as seen above, obtained a loan of KRW 50,000,000 from JB in the “I used cars trading company” located in H on the same day Kim Jong-si on the same day on the condition that the victim purchases one of the above vehicles from JB in the “I used cars trading company”, and received a delivery of KRW 27,00,000,000, which is the victim’s own market value on the same page, and acquired KRW 18,000,000, out of the remainder of the loan excluding the money paid as the purchase price of the above vehicle on December 24, 2015, and KRW 20,799,000, which is the sum of KRW 28,79,000, which is the victim’s name designated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the witness F;

1. Partial statement of witness E;

1. Each letter and each letter of performance;

1. Application of Acts and subordinate statutes to the details of passbook transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, include: (a) the Defendant’s mistake in depth and reflects his fault; and (b) the Defendant agreed with the victim.

On the other hand, the defendant has been punished for the same crime even before.

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