beta
(영문) 인천지방법원 2014.10.08 2014고단5508

사기

Text

A defendant shall be punished by imprisonment for four years.

The defendant pays KRW 75,700,000 to an applicant for compensation.

This order shall be issued.

Reasons

Punishment of the crime

The defendant misrepresented himself and herself as the head of the Bupyeong-gu Security Team, and he saw that he flicked with others in order to borrow money from others and take money from others.

On January 7, 2014, the Defendant introduced the Defendant himself/herself as the head of the Bupyeong-gu Security Team at the residence of the Defendant located in Incheon Strengthening-gun, Incheon, as well as the head of the Dong-gu Security Team, and then called a phone call to the victim E, who is a neighboring resident, who has accumulated a kind of friendship, such as meals, and there is insufficient amount of 37 million won as agreed money by causing a traffic accident in the year.

year;

2. The loan will have to be repaid if it is paid up to 200 million won because of the fact that there is 20 million won.

‘False speech' was made.

However, even if the above money was borrowed from the victim, there was no intention or ability to repay it from the beginning.

As such, the Defendant, by deceiving the victim as such, acquired 37 million won from the victim to the Defendant’s personal compromise account (F) and acquired 37 million won from the victim, and acquired 51,986 million won in total from the nine victims, such as traffic accident agreement money and the job placement fee in the name of the Defendant’s personal balance sheet.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, H, I, C, J, K, L, and M;

1. Each complaint;

1. A copy of the complainant's statement of transactions and the name cards used by the suspect;

1. A copy of the bankbook; and

1. H's evidential data (a copy, etc. of account statement);

1. A copy of the bankbook and a copy of the statement of transfer evidence of the I;

1. C's evidential data (a copy of passbook, a copy of loan certificate, etc.);

1. Copies of the documentary evidence by J;

1. Copies of L/C documents;

1. The application of Acts and subordinate statutes (such as a statement of transactions of withdrawal and a copy of passbook, etc.);

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. Articles 25(1) and 31(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;