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(영문) 의정부지방법원 2017.05.19 2015고단3091

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 18, 2013, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution for fraud at the District Court of Jung-gu, which became final and conclusive on the 26th of the same month.

On July 18, 2012, the Defendant made a false statement to the effect that, at a coffee store where the trade name in Songpa-gu Seoul Metropolitan Government is unknown, the Defendant would recover approximately one month the sales through the online shopping mall operated by the Gu, and approximately 30 percent of the cost would accrue if the goods are sold through the online shopping mall, and would repay the borrowed amount after collecting the cost of the clothing manufacturing.

However, in fact, the defendant had been tried for a criminal offense of 54,30,000 won from E at that time, and had not been repaid after borrowing KRW 101,767,00 from F under the pretext of the intention to operate the Internet shopping mall, etc., the defendant had no intention or ability to repay the borrowed money for the purpose of personal use, such as repayment of debts, etc., and most of the borrowed money received from the damaged person was intended to use it for the personal purpose, such as reimbursement of debts. Even if the money was borrowed from the injured person as the cost of manufacturing clothes due to lack of any revenue and property, the defendant did not have any intention or ability to repay the borrowed money for the business of manufacturing clothes.

Nevertheless, the Defendant, as seen above, received KRW 10,00,000 from the injured party to the Agricultural Cooperative account in G under the name of G for the same day from the injured party, and received KRW 149,150,000 from the time until November 27 of the same year, including the transfer of KRW 15,00,00 from November 27 of the same year.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's legal statement; 1. Copies of bankbooks, such as bankbooks, etc., receipt of cash custody, and judgment of the district court of the Speaker's District Court;

1. Character messages;

1. Investigative report (Submission of a written opinion by the complainant) and accompanying Kakao Stockholm messages;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions of the disposition, and reporting of the results;