beta
(영문) 광주지방법원 순천지원 2016.04.27 2015고단2277

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is in office as a member of the C church in the case of remaining female members, and the victim D is a person who was the member of the above church.

On April 12, 2013, the Defendant, in the C church located in B at the time of the surplus of the Republic of Korea on April 12, 2013, had the victim paid interest on the loan from the credit cooperative, and thus the church did not pay the interest on the loan from the credit cooperative.

The above credit cooperatives should pay interest to 1.5 million won, and the credit cooperatives should pay interest to 1.5 million won, and paid to Haman on April 2013.

However, the defendant had almost little monthly income at the time, and on June 15, 201, the church was acquired 680 million won on June 15, 201, and the above loan was unable to be repaid with the loan of 490 million won from the Credit Union. Furthermore, there was no intention or ability to repay money even if he/she borrowed money from the victim because his/her personal debt is equivalent to 150 million won.

Accordingly, the Defendant, as such, by deceiving the said victim, received KRW 1.5 million from the victim as the loan money on April 12, 2013 and received KRW 147,00,000 through nine times from the above time to August 5, 2015, as indicated in the list of crimes in the attached Table, as well as from the time when he/she received KRW 1.5 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D or E;

1. A detailed statement of transactions of self-reliance deposits, a national bank itself, a foreign exchange bank, a fair deed, and a president of a common loan;

1. A certificate for all registered matters;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence for each of the choice of imprisonment [the type of determination] in general fraud / [the determination on the territory of recommendation] basic field / [the scope of recommendation] from 1 year to 4 years [the determination on the penalty] in basic field / [the scope of recommendation] there is no normal criminal history of a kind favorable to the determination on the sentence].