beta
(영문) 전주지방법원 정읍지원 2016.06.14 2016고단146

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 12, 2014, the Defendant made a false statement to the effect that “The Defendant would repay KRW 15 million after three months from the loan of KRW 15 million to the victim D to use money as construction expenses so that money may be used for new construction of a house.”

However, the defendant thought that he would use the above KRW 15 million for the cost of living, and was in bad faith at the time, and there was about KRW 29 billion, and even if he borrowed money from the damaged party due to no particular revenue or property, he did not have any intention or ability to repay it.

Nevertheless, on April 14, 2014, the defendant deceivings the victim and was delivered KRW 15 million to the injured party as the borrowed money.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification of the details of debts at the time of committing the crime) and credit report;

1. A detailed statement of the loan certificate and the loan transaction;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the Criminal Procedure Act are the circumstances unfavorable to the defendant, such as: (a) the victim did not receive the loan for a long time; and (b) the defendant did not faithfully comply with the victim’s demand for repayment; (c) the defendant did not seem to have a conclusive intent to not make the payment from the beginning; (d) the defendant did not appear to have made a final agreement with the victim and paid the full amount of the agreed amount during the trial of this case; and (e) the fact that the defendant did not have any criminal history of the same kind.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.