beta
(영문) 서울중앙지방법원 2013.05.03 2012고단5835

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On April 18, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for fraud, etc. at the Jeju District Court, and the said judgment became final and conclusive on April 26, 2013.

【Criminal Facts】

around March 20, 2011, at the office of the defendant in Gangnam-gu Seoul, the defendant was in a situation where it is difficult for the defendant to proceed with the insurance business that the defendant promoted due to the greater risk burden of the insurance business, and the defendant did not have the ability to repay even if he borrowed money from the financial institution and the branch at the time, such as the defendant bears a debt of KRW 100 million.

Nevertheless, the Defendant, on March 23, 2011, received a total of KRW 180 million from the victim D to the Defendant’s account under the name of the Defendant’s wife E bank account and received a total of KRW 100 million from the victim who believed that the Defendant would use only 2 months and return the principal and interest when he/she borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the first protocol of trial;

1. Statement of each part of the prosecutor's office and police suspect interrogation protocol of the accused (including D's statement);

1. Statement made to D by the police;

1. Investigation report (F statement hearing report);

1. The details of remittance;

1. Previous convictions in judgment: Application of criminal records and investigation reports (case search inquiry and attachment of judgment) and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes [decision of types] Fraud, general fraud, and type 2 (the range of punishment by recommendation] [the scope of sentence by recommendation] 1 year - 4 years (decision of sentence] - the defendant paid 10 million won out of the amount of damage, there is no criminal conviction exceeding the fine, and the defendant seems to repent his mistake. However, there are favorable circumstances such as the defendant's payment of 10 million won out of the amount of damage.