(영문) 춘천지방법원 2016.12.15 2016고단141

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(영문) 춘천지방법원 2016.12.15 2016고단141

사기

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2014, the Defendant made a false statement to the effect that “The Defendant shall be entrusted to the Victim C with the management of the room and restaurant of the E Tourist hotel located in Chuncheon-si, the end of December 2014 or around January 2015, and later, he will take over the hotel. After being entrusted with the management of the hotel, I will pay KRW 5 million per month for the recruitment of employees and management of the Party.” “B will pay KRW 5 million per month for the management of the hotel, if there are two lots of buildings in Seoul Special Metropolitan City, and if the expenses necessary for being entrusted with the management of the hotel, I would complete payment without a mold, with the rent of the building located in Seoul Special Metropolitan City until January 2015.”

However, even if the defendant borrowed money from the victim, he thought that it will be used to pay interest on bank loans, there was no plan to be entrusted with the right to operate the tourist hotel, and there was no intention or ability to pay the borrowed money to the victim.

As such, the Defendant, by deceiving the victim, received KRW 1 million from the victim as a loan, around August 11, 2014, as well as from that time until December 31, 2014, a total of KRW 1,594,00,000,000 from that time to December 31, 2014, as described in the attached list of crimes.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Although the Defendant and the defense counsel of each police statement against C did not borrow KRW 2,50,00,000 as stated in the separate sheet Nos. 6 and 8 of the annexed list of crimes from the victim, the victim consistently stated the above loan in the police and this court, and the Defendant also recognized the above loan by the police and the prosecution, this part of the facts charged is proved to the extent that there is no reasonable doubt.

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