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(영문) 수원지방법원 2018.08.23 2017고단6468

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 16, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Suwon Flag method, and the judgment became final and conclusive on March 20, 2017.

In fact, the Defendant was planned to lend money borrowed from the injured party to the 200 million won without certain income, and the Defendant did not have an intention or ability to return interest and principal to the injured party.

1. On December 16, 2015, the Defendant would provide KRW 200,000 per month interest to the victim, if he/she lent KRW 20 million to the victim within the “E”-based “E”-operationd by the victim located in Young-si and 5 Dong 102, and KRW 2 million per year.

“Falsely,” and he received 18 million won from the injured party to the Agricultural Cooperative Account (F) in the name of the Defendant on the same day, and 2 million won from the said party to the Agricultural Cooperative Account (H) in the name of G, respectively.

2. The Defendant, at the same place on March 19, 2016, borrowed KRW 10 million from the victim, where “it is necessary for the Plaintiff to pay the construction cost rapidly.” By the end of March, 2016.

‘Falsely speaking, it received 9.5 million won from the injured party to the said Agricultural Cooperative Account under the name of the accused on the same day, and acquired it by fraud.

3. On March 25, 2016, the Defendant, at the same place, received the remittance of KRW 1.8 million from the said victim from the said victim via the same method as referred to in the foregoing paragraph 2, to the Suhyup account (20108184711) of the name of limited company case on the same day.

4. On March 29, 2016, the Defendant received from the injured person, at the same place, in the same manner as the foregoing paragraph 2, a remittance of KRW 1,80,000 from the damaged person’s account in the name of a limited company case to the flood bank account in the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint, documents submitted, and records of telephone conversations between the complainant and the defendant;

1. Data on details of transactions in the Agricultural Cooperative account in the name of the complainant, and data on transactions in the Agricultural Cooperative account in the name of the defendant;

1. Investigative report (in fact, A who is a complainant shall hear statements of D and report thereon);

1. Previous convictions: Criminal history, etc.;