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(영문) 서울서부지방법원 2015.01.21 2014고단414

사기

Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than four months for a crime of Article 2 of the Judgment.

Reasons

Punishment of the crime

On August 12, 2008, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for fraud, which became final and conclusive on October 15, 2009. On December 8, 2009, the Defendant was sentenced to two years of suspended execution for one year of imprisonment with prison labor for the same crime in the same court on December 16, 2009.

[2014 Highest 414]

1. The Defendant, around May 29, 2007, received money from the victim D's office in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, without any intent or ability to repay the money from the victim even if he/she borrowed money, and the victim did not have an intent or ability to move to E and use money as a security deposit for the sales agency contract. If the victim borrowed 40 million won, he/she shall move to the Seocho-gu Seoul E202, and he/she shall also have the money repaid. The Defendant received money from the victim after being wired to the F's name bank account around May 29, 2007. < Amended by Act No. 8077, May 29, 2007>

[2014 Highest 2483]

2. The Defendant made a false statement to the victim I who wants to receive appraisal for a loan from a financial institution at the Hawon-gun G of Gangwon-do in an insular place around spring in 2013, stating that “A certified public appraiser is well aware of it. I will receive money under the pretext of receiving appraisal for a higher price than other locations.”

However, there was no intention or ability to accept the appraisal report on the gas station with a higher price than any other place.

Around November 21, 2013, the Defendant, by deceiving the victim, received KRW 4 million in total from the victim and transferred KRW 7.5 million to the Agricultural Cooperative Account under the name of the Defendant, and KRW 3.5 million in total from the same account on December 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. Receipts, a detailed statement of passbook transactions, and details of bank transactions;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation of the previous records of disposition and previous records, etc. of the suspect A);

1. Criminal facts;