(영문) 광주지방법원 순천지원 2016.10.20 2016고단1301



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

The defendant pays 25 million won to the applicant for compensation by deceit.



Punishment of the crime

On June 28, 2011, the Defendant was sentenced to 8 months of imprisonment with prison labor for fraud, etc. and 2 months of imprisonment with prison labor in Suwon District Court, and completed the execution of the sentence in a female prison on December 14, 2011. On October 22, 2015, the Defendant was sentenced to 4 years of imprisonment with prison labor for fraud in the Incheon District Court’s Vice Branch Branch Branch, and the said judgment became final and conclusive on February 12, 2016.

On August 2013, the Defendant borrowed the test loan to the victim B (here, 29 years old at that time) at the Modern-dong, Daejeon-dong, Daejeon-gu, Daejeon-gu, with “I am able to engage in the internal family business as an executive”.

However, even if the defendant borrowed money from the victim, he did not think of the business, was thought to use it for living expenses, and even if he borrowed money without any specific property, he did not have the intention or ability to pay it properly to the victim.

Nevertheless, as above, the Defendant received false statements from the victim, and received KRW 19.1 million from October 15, 2013 to the bank account in the name of the Defendant, a bank account in the name of the Defendant, under the pretext of borrowing money from the victim, and KRW 6 million from November 11, 2013, respectively.

Accordingly, the Defendant received 25,100,000 won in total as the borrowed money by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of financial transactions and text messages;

1. Previous convictions in judgment: Criminal records, investigation reports (the same criminal records and copies of written judgments of a suspect), application of Acts and subordinate statutes concerning personal identification and confinement;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 25(1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence was that the Defendant committed the instant crime during the period of repeated crime. Although the amount of damage is not significant in itself, the Defendant, who is a male father, obtained money by deceiving the victim through marriage, and is a cleaning agent for the victim.