beta
(영문) 수원지방법원 성남지원 2014.04.11 2013고단2101

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 2012, the Defendant became aware of the Victim F who requested the legal office to file a lawsuit related to the repayment of borrowed money while working as a secretary at the law office E office located in the 14th floor of Seocho-gu Seoul Metropolitan Government D building.

On August 10, 2012, the Defendant sent a phone call to the victim F, and made a false statement to the effect that “The fact that the school will go to the school is a church pastor, and the sentence was detained. To release the sentence, the cash of the party is required. If only KRW 50 million is lent, only one month is accurately used, and until September 10, 2012, the Defendant would make reimbursement.”

However, the Defendant was thought to use the considerable portion of the borrowed money as the credit card payment, the payment of the existing debt, the third party loan, etc., rather than the deposit money for G, and even if he received the money from the victim, he did not have the intention or ability to pay it within the due date.

As above, the Defendant, by deceiving the victim and deceiving it from the victim, acquired 50 million won from one bank account (Account Number H) in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness F in part of the interrogation protocol of each prosecution against the accused;

1. Application of Acts and subordinate statutes of detailed statement of transactions (investigative records 174 pages);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;