(영문) 청주지방법원 충주지원 2014.05.02 2013고단850

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(영문) 청주지방법원 충주지원 2014.05.02 2013고단850

사기

Text

A defendant shall be punished by imprisonment for six 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

The Defendant, despite having no intent or ability to repay money from the Victim C, shall, at the E-Real Estate Office located in Chungcheong-gun D, with the intention or ability to repay:

1. Around December 3, 2011, the victim made a false statement to the effect that “I will have to have a fright, and would have to have a 200,000 won repaid if I would have to have a fright,” and the victim will immediately receive KRW 20,000 from the victim;

2. Around December 8, 2011, the victim made a false statement to the effect that “if the victim lends 500,000 won as he/she needs to pay the money, he/she shall pay the money immediately, and the member received 50,000 won immediately from the victim;

3. Around December 13, 2011, the victim made a false statement that “on the loan of one million won of the comprehensive motor vehicle insurance premium to the victim, he/she shall be repaid immediately,” and that it shall be delivered KRW 1 million to the victim immediately;

4. Around December 15, 2011, the victim made a false statement that “if the victim lends one million won per fine to pay it, he/she shall be repaid immediately” and that he/she received KRW 1 million immediately from the victim;

5. Around January 11, 2012, the victim made a false statement to the effect that “one hundred thousand won of the expenses for the installation of a redeemor shall be paid immediately if he/she pays it on behalf of the victim,” which shall be delivered immediately from the victim 10,000 won;

6. On January 20, 2012, the victim made a false statement to the effect that “if the victim lends 10 million won or more that is urgently required to pay, it shall be repaid not later than March 30, 2012,” and that the victim shall immediately receive KRW 10 million from the victim;

7. On January 21, 2012, the victim made a false statement to the effect that “If the Defendant borrowed 1.5 million won or more, 1.5 million won would have been repaid until February 29, 2012, the Defendant received 1.5 million won immediately from the victim and acquired 14.3 million won in total from the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to accusations, borrowed certificates, details of transactions, and joints of documents;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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