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(영문) 전주지방법원 남원지원 2019.01.22 2018고단191
사기
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A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On June 7, 2012, the Defendant made a false statement that “The Defendant would use the money to pay to the victim D”. “The Defendant borrowed KRW 8 million and paid the money to the victim D.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

On June 8, 2012, the Defendant, by deceiving the victim as such, received KRW 8 million in cash from the victim as the borrowed money from the victim, on or around June 8, 2012. From that time to January 29, 2018, the Defendant deceptioned the victim 34 times in total, and obtained KRW 40,80,000 from the victim as the borrowed money.

Summary of Evidence

1. The defendant's partial statement in court (the third trial date);

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. A complaint;

1. Details of account transactions and deposits;

1. A certificate of borrowing;

1. After cutting text messages;

1. The defendant and his defense counsel asserted that the crime of fraud cannot be established as to the above, since the defendant received from the victim each amount of KRW 8 million around June 2012, and KRW 6 million on October 19, 2013, as stated in the separate sheet Nos. 1 and 5.

However, the following circumstances revealed by the evidence duly adopted and investigated by this court, i.e., ① the victim, from the investigative agency to the present court, consistently offered to the effect that “on June 2012, in cash, the victim would use money to pay 8 million won or more if he/she borrowed money.” On October 19, 2013, the victim stated to the effect that, if he/she borrowed money, he/she would pay 30 million won or more to the previous owner of the insurance money, he/she would pay 6 million won in full, and that the victim lent 408 million won in total to the defendant.”

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