beta
(영문) 대구지방법원 포항지원 2020.01.08 2019고단1243

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On April 5, 2019, the Defendant was sentenced to four years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Suwon District Court's Ansan Branch on April 5, 2019, and the judgment became final and conclusive on June

【Criminal Facts】

On July 31, 2015, the Defendant made a statement to the effect that “A hospital located in Suwon-si District B is a public official E in Sejong-si, and the victim D separately carries on the business. If the Defendant borrowed money for the excessive business, he/she would make payment by adding interest of 30% within three months to the excessive sales business.”

However, in a situation where there is no particular property in the name of the Defendant, the Defendant borrowed money from the majority of the parties for the purchase price, and paid it in the process of the Defendant’s repayment, with a large amount of debt accumulated from April 2014 to the Defendant’s monthly wage, thereby preventing the Defendant from repaying his/her obligation. As such, the Defendant merely borrowed money from the victim to other creditors for the repayment of his/her obligation, and there was no intention or ability to repay the borrowed money to the victims by purchasing it normally.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 5,00,000 on the same day from the victim in cash, from that time until February 2016, and acquired KRW 125,000,000 in total from the victims 14 times, as stated in the attached crime list, from February 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer in D, F, and G (including all of the loan certificates, etc. attached thereto);

1. Each complaint, loan certificate, receipt, certificate of transaction, and detailed statement of transaction;

1. A criminal investigation report (InternetH investigation in the name of a suspect) and a criminal investigation report (Investigation into the I Account in the name of a suspect);

1. Previous convictions: Criminal records, investigation reports (the previous convictions of suspects and court rulings) and the defendant and defense counsel are set forth in attached Table 1, 10, 14.