beta
(영문) 수원지방법원 안양지원 2018.02.09 2017고단1273

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 28, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for fraud at the Suwon Friwon, and the above judgment became final and conclusive on August 31, 2017.

[Criminal facts]

1. On May 20, 2015, the Defendant against the victim C is obliged to pay the victim the money to the victim on the first floor of the Dong building B, Dong-gu D Building B, Dong-gu, Seoul, by the end of June 2015.

“A false statement” was made.

However, in fact, the Defendant did not have any income at the time, and there was no intention or ability to repay the money borrowed from the victim until the date of the promise, since the Defendant was willing to use the money as the Defendant’s living expenses and personal debt repayment.

As such, the Defendant, by deceiving the victim, received money from the victim to the corporate bank account (E) in the name of the Defendant on the same day.

2. On September 4, 2015, the Defendant against the victim F is obliged to pay money to the victim at the same place as indicated in the foregoing paragraph 1 at the same time as the victim’s foregoing at the end of October 2015.

“A false statement” was made.

However, in fact, the Defendant did not have any income at the time, and there was no intention or ability to repay the money borrowed from the victim until the date of the promise, since the Defendant was willing to use the money as the Defendant’s living expenses and personal debt repayment.

As such, the Defendant, by deceiving the victim, received 9,99,000 won from the victim to the new bank account (G) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A copy of the bankbook, a certificate of transfer confirmation, and credit information;

1. Kakao Stockholm images of each Kakao message;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a copy of an investigation report (Attachment of the text of the judgment), a text of the judgment (Supreme Court Decision 2017Do11300), and the application of statutes governing the progress of the

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;