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(영문) 제주지방법원 2018.12.21 2018고단215
사기
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Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On April 2016, the Defendant told the victim D’s office in the company run by the victim D at Jeju-si around the mid-to-mid order to the effect that “I would lend money to the victim through the agricultural products distribution business.”

However, even if the defendant borrowed money from the injured party without a specific business plan at the time, he did not have the intent or ability to pay the borrowed money by investing it in the agricultural product distribution business because he thought that it would be used for personal living expenses or other debt repayment.

The Defendant: (a) by deceiving the victim as above; (b) obtained KRW 30 million on April 19, 2016 from the victim; (c) KRW 5 million on June 24, 2016; (d) KRW 15 million on June 29, 2016; (c) KRW 5 million on September 26, 2016; (d) KRW 5 million on September 27, 2016; and (e) obtained KRW 5 million on September 30, 2016 from the Defendant’s wife bank account in the name of the Defendant’s wife; and (e) obtained KRW 75 million on October 7, 2016 through the total amount of KRW 7,500,000,000 from the Defendant’s Chapter G bank account in the name of the Defendant’s wife; and (e) obtained KRW 5 million on September 30, 2016.

2. On January 20, 2017, the Defendant stated to the effect that “The Defendant would make a payment after purchasing and selling a flady dyp dyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp in the Defendant’s house located in Seopo-si, Seopo-si.”

However, in fact, the Defendant had no intention or ability to use the money for the purchase of Korea's salary, even if he borrowed the money from the injured party, because the Defendant had thought that he would pay the unpaid amount of money when purchasing Korea's salary.

The Defendant, as above, by deceiving the victim as above, received a total of KRW 20 million from the victim to the Agricultural Cooperative account in the name of the said G, including KRW 10 million on January 20, 2017 and KRW 10 million on March 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. D, L, and J.

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