(영문) 대전지방법원 2015.01.15 2014고단3668

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(영문) 대전지방법원 2015.01.15 2014고단3668

사기등

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A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On April 7, 2013, the fraud Defendant stated that “The victim E is re-fluored by the F that operates a business in Hong Kong, and the F that temporarily requires business expenses, would repay the borrowed amount after one month, and would make an investment of KRW 60 million in aggregate extraction business.”

However, the Defendant was asked by F to lend money due to a shortage of business expenses from F known to the general public, and there was no definite answer that the Defendant would make an investment of KRW 60 million in the aggregate extraction business, but there was no economic difficulty around that time, and thus, it was false that the Defendant intended to use part of the borrowed money of this case, and thus, even if he received a remittance from the victim as the borrowed money, he did not have any intention or ability to invest KRW 60 million in the aggregate extraction business even if he received KRW 25 million from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 25 million from the victim as the borrowed money on April 8, 2013 to the deposit account of community credit cooperatives under the name of the Defendant.

2. The embezzlement: (a) on April 18, 2013, the Defendant received KRW 2 million from the victim F to the account of community credit cooperatives under the name of the Defendant for the repayment of borrowed money from the Defendant’s house located in Jung-gu Daejeon, Daejeon to the account of community credit cooperatives in the name of the Defendant; and (b) on the part of the victim, the Defendant embezzled by arbitrarily consuming KRW 12,50,000 from the day of Daejeon to September 3, 2013, which was received from the said victim as the repayment of borrowed money from the said victim to September 3, 2013; and (c) embezzled by arbitrarily consuming KRW 12,50,000 from the day of Daejeon to five times in the same manner as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. Each police statement of E;

1.Each.

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