beta
(영문) 서울중앙지방법원 2016.08.16 2014고단6155

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 23, 2010, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Seoul Northern District Court on July 23, 2010, and completed the execution of the sentence on October 14, 2012.

The Defendant, on September 2013, 2013, told the victim D (n, 43 years old) operated by Seongdong-gu Seoul, Seongdong-gu Seoul by the victim D (n, 43 years old) in the Rabk Kaf, saying, the Defendant is a major shareholder of E and F, and is holding several buildings in Gangnam, with a large amount of cash.”

The claim of KRW 5.3 billion is combined, and if the loan is made, the loan will be returned to two times.

“.....”

However, the Defendant did not have the same re-performance and did not have any intent or ability to repay the amount normally even if he/she borrowed money from the damaged party due to lack of any special income or property.

As such, the Defendant, by deceiving the victim, received KRW 18 million from the victim to the single bank account under the name of the Defendant on the 23th of the same month from the victim, and by the same method, acquired the total amount of KRW 32,576 million through 76 times from around that time to May 20, 2014, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D;

1. Each statement of D and G;

1. A detailed statement of transactions of entry and withdrawal;

1. Previous convictions: References to inquiries, such as criminal history, reports on investigation (Attachment of criminal records of the same kind as the suspect), each judgment, and application of Acts and subordinate statutes on personal identification and acceptance status;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act of aggravated repeated crimes Article 35 is that the amount obtained by the defendant from the damaged person through a considerable period of time is a large amount of KRW 32,576 million, the actual damage has not yet been recovered to the victim, and the defendant commits the same kind of crime.