beta
(영문) 수원지방법원 안양지원 2014.02.28 2013고단865

사기

Text

A defendant shall be punished by imprisonment for six 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

On June 15, 2007, the Defendant stated that “I would pay back money immediately if I lend money to C, because I have to use it urgently,” before the trading center of the foreign exchange bank in Samsung-dong, Gangnam-gu, Seoul.

However, the Defendant was a bad credit holder with a debt of KRW 40 million, and the Defendant did not have any intent or ability to repay money even if he/she borrowed money from the victim due to no fixed income.

Nevertheless, the Defendant received a false statement from the victim as above and received 9,591,90 won from the victim to the Defendant’s agricultural bank account in his/her place of loan from the victim as well as 600,000 won on December 8, 2007, 600,000 won on May 8, 2008, and 3 million won on May 22, 2008.

Accordingly, the defendant deceivings the victim and 24,591,90 won in total.

Summary of Evidence

1. Defendant’s legal statement to the effect that the amount of judgment was received from the victim;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction for the same offense, there is no record of punishment other than the fine, and that if the defendant is detained, his/her family's livelihood seems to be difficult;

1. Article 32(1)3 and Article 25(3), 3, and 4 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, Etc., of which an application for compensation is dismissed