(영문) 수원지방법원 2016.12.21 2016고단5225



A defendant shall be punished by imprisonment for four months.


Punishment of the crime

On February 18, 2013, the Defendant was sentenced to one year and eight months of imprisonment with prison labor at Suwon District Court for fraud, etc. on August 8, 2013, and the judgment was finalized on August 8, 2013, and on August 27, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at Suwon District Court for fraud and two years of suspended execution, and the judgment became final and conclusive on December 29 of the same year.

On July 201, the Defendant made a false statement to the victim C, operated by the victim C, who is located in the Suwon-si Suwon-si District B, stating that “A business fund is urgently needed and loaned KRW 30 million to the victim.” By the end of July, 201, the Defendant would repay.”

However, in fact, the Defendant did not pay the wages of the employees employed in excess of the obligation at the time, and there was no intention or ability to pay the said wages even if he borrowed money from the victims because the officetel implementation project in progress is not well operated.

As above, the Defendant, by deceiving the victim, was transferred from the victim to the new bank account in the name of the Defendant’s wife E, KRW 28 million around July 19, 201, and KRW 1 million around July 20, 201, respectively, and received KRW 1 million in cash around July 20, 201.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement regarding C;

1. Application of loan certificates, passbooks copies, financial transactions of the principal, and statutes concerning transactions;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, even though the defendant had already been punished several times for the same crime prior to the crime of this case (including three times of actual punishment), the crime of this case is bad in the nature of the crime of this case. However, in consideration of all the reasons for sentencing, including the fact that the amount of damage is somewhat small, a short-term sentence shall be imposed.