수원지방법원 안산지원 2019.07.10 2019고단1183



A defendant shall be punished by imprisonment for six months.


Punishment of the crime

1. Around July 15, 201, the Defendant: (a) around July 15, 201, at one’s house located in Gwangju-si B; (b) the Defendant was thought not only to have had the intent or ability to fully repay money from the victim C even if he/she borrowed money from the victim C, but also to be used for any purpose other than to have been notified to the victim; (c) however, the Defendant’s false statement to the effect that “it is necessary to send money to the victim.” (d) the Defendant borrowed KRW 10,000,000,000 from the victim around September 15, 2011, and then, (e) received KRW 30,000,000 from the victim on three occasions as indicated in the attached list of crimes, from that time to June 16, 2015.

2. On July 15, 2015, the Defendant in breach of trust is the owner of the number system operated from around July 15, 2015 (26 old accounts, 20,000,000 won per month, and 15th day of payment). On March 15, 2017, the Defendant used the above money to pay KRW 23,80,000 to the victim D for the repayment of the obligation to the members of another fraternity without paying the said money, and acquired the financial benefits equivalent to the said money by consuming the said money to repay the obligation to the members of the other fraternity, and caused the victim’s damages equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

1. Article 347 (1) of the Criminal Act (Fraud) and Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. From among concurrent offenders, crimes No. 1 [decision of type] for the reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [decision of type] for the sentencing of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [decision of the recommended area] The basic area [decision of the recommended area] [the scope of the recommended area] for six months to one year [the general person] - No. 2 crime that has no record of criminal punishment for mitigation elements [decision of type] for embezzlement and breach of trust [decision of the recommended area] the basic area [the scope of recommendation area] from April to April 1.