beta
(영문) 의정부지방법원 고양지원 2013.08.21 2012고단1567

사기

Text

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

Reasons

Punishment of the crime

Around September 7, 2008, the Defendant made a false statement to the victim D by telephone from a mutual infinite building located in the Gangnam-gu Seoul HHro, stating that “The Defendant is confined to the bond business operator. The Defendant has been committed in the absence of his body, and is now now facing. The Defendant borrowed KRW 200 million to the bond business operator. There is money to be paid as a loan to the bond business operator. There is a loan from the bond business operator. There is also a payment to the father, regardless of how the father is operating the business.”

On the following day, the victim transferred the sum of KRW 200 million to the Korean bank account (E) in the name of the defendant two times.

However, at the time of fact, the defendant is operating in Gangnam-gu Seoul Metropolitan Government F.

It has already been disposed of and has been caused by bonds equivalent to KRW 280,000,000, and the amount of monthly income is 180,000,000,000 and there was no intention or ability to pay it even if it borrowed KRW 200,000 from the victim.

Accordingly, the defendant deceivings the victim and defrauds the victim of KRW 200 million.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's office and the police's statement concerning D;

1. A deposit slip;

1. Court rulings;

1. Details of passbook transactions;

1. Application of text messages to Acts and subordinate statutes;

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

1. The defendant and his/her defense counsel asserted that the defendant and his/her defense counsel did not receive KRW 200 million from the victim, but the victim did not pay the defendant a full payment, and the defendant did not deceiving the victim in the course of receiving money.

In full view of each of the above evidence, the defendant was urged to pay the debt amounting to 200 million won or more by the creditor, and the victim was considered to be able to have been urged to pay the debt amounting to 200 million won or more, and the defendant and the victim lent KRW 200 million to the defendant.