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(영문) 제주지방법원 2016.05.27 2016고단353
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"The defendant of 2016 High Order 353" loans money to E, who is the motive of the workplace at the D Clean Feed Factory in Jeju-si around April 13, 2010.

“A false representation was made.”

However, in fact, the defendant received 1.5 million won monthly salary at the time, while taking a large amount of debt, and even if he borrowed money from the injured party, he did not have the intention or ability to repay it within a short period as agreed.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 310,00 from the victim to the Defendant’s account (FF) as the borrowed money, and received KRW 118,660,000 from the victim, who was the employee club, on 53 occasions from August 20, 2015, as shown in the crime list in attached Table 53 times from the time to August 20, 2015, by remitting KRW 118,660,00 as the borrowed money.

On December 22, 2015, the Defendant, “2016 Highest 502, the Defendant, from the Defendant’s office located in Seogpo-si G around 14:00 on December 22, 2015, called a phone to the victim H, and received dividends after the completion of the performance of the project if he/she had been employed as a D employee and the performance of the project falls short of the performance of the project.

“The purpose was to say.”

However, the defendant did not have any intention or ability to pay the amount even if he borrowed money from the injured party because he received a demand for the repayment due to the fact that the defendant was in the post of D only at the time.

The defendant deceivings the victim as above and received 270,000 won from the agricultural bank account in the name of the defendant I on the same day as the loan money from the victim, and acquired it through the money from the victim.

Summary of Evidence

"2016 Highest 353"

1. Statement by the defendant in court;

1. Each police statement in relation to J, K, L, M, N,O, P, and E;

1. Each process deed, letter of remittance statement, closure photograph, loan certificate, each transaction statement, and each remittance statement "20, group 502";

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A copy of the loan certificate or passbook;

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