beta
(영문) 서울중앙지방법원 2018.11.15 2018고단5015

사기

Text

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

However, 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

[Criminal record] On July 2, 2015, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on September 24, 2015.

[2] The Defendant was operating a fishery product store in the Yangcheon-gu Seoul Metropolitan City, Goyang-si, Gyeonggi-do, but there was a large amount of expenditure such as interest expenses, etc. compared to the profit, and thus, it was difficult for the Defendant to use the loan to repay the existing debt even if he/she borrowed money from the victim E, and even though he/she did not have any intention or ability to repay the loan, the Defendant attempted to increase the number of sales stores by the victim from G where the injured party in the Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Seoul Metropolitan Government, for the purpose of increasing 2 and 3 sales stores to sell fishery products within a large amount of marina in daily acid.

The deposit per one store shall be 30 million won, and the interest on the second part of the month shall be paid in the principal unit, and the principal shall be refunded at any time only one month prior to the end of one month.

In addition, in the end, I would like to have a place of business jointly in the name of the person who actually entered into a contract for a place of business. I would like to borrow money from the person who actually entered into a contract. I received a total of KRW 100 million, including KRW 40,000,000 on June 25, 2013, KRW 26,000,000 on June 26, 2013, and KRW 40,000,000 on August 30, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of each loan certificate and account transaction;

1. Bankruptcy and exemption applications, list of creditors, and certification of the fact of closure of business;

1. Previous convictions: Inquiry of criminal history data, reporting of the previous convictions of the disposition and reporting of the results thereof, and applying the statutes of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing of Article 39(1) is the case.