사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 2, 2015, the Defendant told the victim E to the effect that “I will perform funeral services, if I lend the price for purchasing goods in Seoul,” from the clothes store of “D” operated by the Defendant in Gwangju Dong-gu, Gwangju.
However, at the time, the Defendant paid approximately KRW 1 million to a lender with a debt worth of KRW 300-40 million to one month, and even if he/she borrowed money from the damaged party due to the absence of any specific property, he/she did not have any intent or ability to repay the debt.
The Defendant, as above, received or remitted KRW 950,000 from the time of deceiving the victim and then received from the victim to the bank account under the name of the Defendant, and from December 9, 2016, the sum of KRW 50,580,000,000 from the time of 50,000 to December 9, 2016.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of witness E;
1. Part concerning the statement of E in the second police interrogation protocol against the defendant
1. Each police statement made to E and F;
1. The loan certificate and the above loan certificate and each letter are signed by the defendant in the documents prepared by the victim, and at the time, the defendant seems to have signed without thoroughly referring the amount of his/her obligation (in other words, it is deemed that the amount remitted by the defendant to the bank account of the victim's his/her father and interest or the above clothes is not deducted from the money transferred to the bank account of the victim under the pretext of monthly rent).
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.