(영문) 춘천지방법원 강릉지원 2019.10.10 2019고단867

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(영문) 춘천지방법원 강릉지원 2019.10.10 2019고단867

사기

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A defendant shall be punished by imprisonment with prison labor for four 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

On March 3, 2017, the Defendant stated that “The Defendant would set up a right to collateral security on land owned by the Defendant as collateral until August 7, 2017, when he/she lent 20 million won to the Doncheon-si Scacheon-si Sacheon-si, which was known to the branch of the branch by introducing the branch.”

However, in fact, the defendant was thought to use money to repay personal debts with the victim, and there was no idea to set the right to collateral security to the victim, and there was no intention or ability to pay all the borrowed money and interest until the due date.

Nevertheless, on March 8, 2017, the Defendant, who made a false statement, received KRW 20 million from the victim via the account (F) in the name of the Defendant’s name on March 8, 2017, and subsequently borrowed money from the victim under the said condition that the victim is insufficient to pay money, and that he/she borrowed money from the victim under the said condition. On March 27, 2017, the Defendant received a total of KRW 30 million from the victim, such as receiving additional remittance of KRW 10 million under the said condition through the E account.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The instrument of borrowing, the statement of payment;

1. Details of deposits and transactions;

1. Full certificate of the registered matters;

1. A criminal intent is denied to the effect that the Defendant intended to pay 30 million won to the victim as stated in the criminal facts, as stated in the investigation report (as to the suspect’s property), investigation report (Attachment of Personal Credit Information as to the suspect’s property), and personal credit information.

However, the following circumstances revealed by the above evidence, i.e., that the defendant did not use the money received by the victim, unlike the victim's speech, for the purpose of opening a coffee shop, and appropriated the existing debt repayment and living expenses, etc., and the victim promised to the defendant.

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