beta
(영문) 광주지방법원 2016.07.06 2016고단1396

사기

Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From January 2013 to December 2014, the Defendant worked as the captain of “D” a fishing vessel owned by the victim C for two years.

In 2014, the defendant would change the victim's house in Young-gun E before he paid the benefits to the victim.

“A false statement was made to the effect that it was “.”

However, the defendant was unable to repay the total amount of KRW 110 million to other creditors, so even if he borrowed money from the injured party under the pretext of paying benefits, he did not have any intention or ability to repay the money to the injured party without any other property.

The Defendant, as such, by deceiving the victim, received a total of KRW 10 million from the victim as the borrowed money every time when it is necessary to make money around 2014 from the victim.

2. On December 28, 2014, the Defendant stated that “The Defendant would work as the captain of D from January 27, 2015 to December 31, 2015, by paying the victim KRW 50 million, including the pre-existing advance payment of KRW 10 million, to the victim’s house.”

However, the Defendant did not intend to continue to work as the captain of “D” even if he received the advance payment from the injured party. As above, the Defendant’s liability amounted to KRW 110 million, but did not have any other intent or ability to repay the advance payment due to the absence of property.

On December 28, 2014, the Defendant: (a) by deceiving the victim; (b) obtained KRW 1 million in cash from the victim under the name of the victim; and (c) obtained KRW 39 million in the Agricultural Cooperative Deposit Account (Account Number (F) in the name of the Defendant on December 29, 2014; and (d) acquired KRW 40 million in total from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s inquiry of the details of transactions of Suscopies, and submission of account books by complainants (A) the application of the statute;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.