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(영문) 대전지방법원 논산지원 2014.03.25 2013고정198
사기
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1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

The Defendant entered into a monetary loan agreement with the victim on September 9, 201, in the sense of confirming the existing obligation without actual monetary transaction, and the Defendant guaranteed it, and around October 26, 2012, B repaid the amount of KRW 100 million in subrogation of the Defendant under the above loan agreement. Since his/her obligation is not a KRW 100 million, the Defendant was trying to demand settlement of the amount of KRW 100 million paid by B to the victim C because he/she thought that he/she would be a repayment exceeding the principal obligation. On April 2013, 201, the Defendant tried to settle the amount of KRW 100 million paid in excess of KRW 100,000 by receiving money from the victim under the name of the beneficiary who received contact that the money is urgently needed from B.

On April 24, 2013, the Defendant stated to the Daejeon District Court located in Seo-gu Daejeon District Court, Seo-gu, Daejeon, Daejeon, that “If D representative director B lends only three million won as he/she has a shortage of money to pay interest, he/she shall use this mold and make a full payment.” However, even if he/she borrowed three million won from the victim, the Defendant did not intend to repay three million won within this frame.

As such, the Defendant received 3 million won from the victim to the account in the name of the wife on the same day. The Defendant acquired the money by deceptive means from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Application of the respective Acts and subordinate statutes described in each passbook, a certificate of borrowing ( September 9, 201), a notarial deed of a money loan for consumption ( September 9, 201) and C Admission and withdrawal, respectively;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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