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(영문) 창원지방법원 진주지원 2017.08.22 2017고단131

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal record] On October 20, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud in the Jinwon District Court's Jinwon Branch on the part of the Defendant, and the said judgment became final and conclusive on the 28th of the same month.

[2] Around 13:00 on July 28, 2014, the Defendant borrowed KRW 200 million as money is insufficient to take over D agency (hereinafter “instant agency”) by phone call to the victim C and then borrowed money to the victim. The Defendant will repay the amount after one month with 10% per month interest rate.

“ .......”

Since then, at the F Office in the operation of the victim in E on the same day, the defendant shows a lease agreement of KRW 50 million related to the acceptance of the instant agency, and "on the loan of money, he will accept the instant agency and repay it after one month.

“ .......”

However, at the time, the Defendant took approximately KRW 160,00,000 and KRW 440,000,000 for personal debt, and KRW 50,000,000 under the above lease agreement was stated only in the documents upon request from the lessor when the lessor was not actually paid to the lessor. Since the Defendant already borrowed KRW 40,000 from G to the extent that all of them were used for the repayment of personal debt, even if he borrowed money from the injured party, it was thought to be used for the repayment of personal debt, and it was not possible to accept the instant agency, and there was no ability to pay the victim the money.

Nevertheless, the defendant deceiving the victim as above and delivered KRW 23 million in cash from the victim, July 30, 2014, to the agricultural bank account in the name of the defendant, and KRW 50 million on July 29, 2014, around 31, 2014, to the agricultural bank account in the name of the defendant; and

8.1. Around 27 million won received each remittance and acquired a total of KRW 200 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A complaint, a loan certificate, or a complaint;