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Reasons
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(영문) 대구지방법원 2015.02.26 2014고단6745
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

1. On July 10, 2012, the Defendant made a false statement to the effect that “D” clothes operated by the Victim C in Daegu-gu, Daegu-gu, the Defendant would be repaid to the victim with the interest of 10% per month if he/she lent the money to the victim as he/she can attend the school only one semester, but the principal would be repaid if he/she borrowed the money as required by the registration fee.”

However, in fact, there was no particular property or income that has been subject to personal debt amounting to KRW 36 million, and there was no expected income amounting to KRW 30 million. Therefore, even if the victim borrowed money from the victim, there was no intention or ability to pay the interest of KRW 10% per month or to pay the principal.

As above, the Defendant, by deceiving the victim, received 5,400,000 won from the Defendant’s agricultural bank account as the loan money from the victim on the same day.

2. On July 26, 2012, the Defendant concluded that “Around July 26, 2012, the Defendant would pay interest of 10% per month if the Defendant borrowed money to the victim in the foregoing place to the effect that “I will repay the principal if the Defendant borrowed money to operate the store in Taenama, with the lack of construction cost to expand the store, the principal would be paid, and if the money would be paid, the principal would be paid.”

However, in fact, there was no particular property or income that has been subject to personal debt amounting to KRW 36 million, and there was no expected income amounting to KRW 30 million. Therefore, even if the victim borrowed money from the victim, there was no intention or ability to pay the interest of KRW 10% per month or to pay the principal.

The defendant deceivings the victim as above, and is therefore subject to loan from the victim, 2.7 million won on the same day as the defendant's agricultural bank account for borrowing money from the victim.

7.27.6.3 million won, and the same year.

8.7.1 million won, and the same year;

8. 9.3 million won, and the same year;

8.1.4 million won, and the same year.

8. On May 15, 198, the recipient received total of KRW 19 million, including the receipt of KRW 2 million.

Summary of Evidence

1. The defendant;

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