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(영문) 대전지방법원 2016.01.14 2015고단2023
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 15, 2013, the Defendant stated that, at the Defendant’s house located in Seo-gu Daejeon apartment C, Seo-gu, Daejeon, Daejeon, 203 Dong 1305, the victim D may borrow KRW 1,30 million from E to which the Defendant introduced, and that, “The victim would lend KRW 5,000,000 to the above KRW 130,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, were to be paid to the victim.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to lend KRW 100 million to the injured party, and did not have the ability to repay it to the bad credit holder at the time. The Defendant did not prepare a loan certificate, and made a false assertion that the Defendant did not borrow money from the injured party after the fact that the check issued with cash does not have any record of evidence, such as allowing the other party to endorsement it. Therefore, the Defendant did not have any intent to repay the money to the injured party

Ultimately, the Defendant, by deceiving the victim as above, received a total of KRW 50 million, including KRW 30 million in cash, KRW 10 million in check, and KRW 20 million in check, from the victim on August 16, 2013, and acquired it through deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each investigation report (No. 6 of the evidence list), and hearing of witness E (Evidence list No. 30));

1. Each recording recording (No. 31 and 35 of the evidence list) [No. 31 and 35] The defendant's assertion that the defendant merely received 26 million won, which is paid by the victim as a substitute for the defendant's debt to F, due to the agreement between the defendant, F, and three victims, in lieu of the defendant's debt to F. However, the defendant's assertion is difficult to find reasons for the victim to obtain the payment of F's debt to F.

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