(영문) 청주지방법원 2019.08.29 2018고단2551



A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On November 29, 2016, the Defendant would lend money to the victim D to the singing employees who are in the name of the principal and receive interest at 10% per month from the singing employees who are in the name of the principal and who are in the name of the principal of the money. The principal may be returned on the desired date. “The principal is false.”

However, the facts are that the defendant had to pay 30 million won to a claims collection agency at the time, and the defendant had no intention or ability to pay 10% interest per month, because he/she had to use the money that he/she has received from the victim as a personal debt repayment, etc. due to the amount of the personal debt of 20 million won.

As such, the Defendant, by deceiving the victim, received total KRW 14.4 million from the victim’s account under the name of the Defendant, to transfer KRW 2.7 million on November 29, 2016, KRW 9 million on December 20, 2016, and KRW 2.7 million on January 9, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning the details of accusation, each borrowing receipt, each deposit receipt, and transactions of deposit and withdrawal;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Circumstances that are not agreed with the victim, favorable to the fact that there has been one-time punishment for the same kind of crime: The amount of KRW 6 million as interest is deemed to have been paid (in this case, approximately KRW 9 million was paid to the victim on August 27, 2019, the victim was paid KRW 10,000,000 to the victim on August 27, 2019, there was no record of punishment exceeding the fine, confession and reflect on the crime, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and behavior, environment, and conditions before and after