beta
(영문) 대구지방법원 김천지원 2018.02.20 2017고단729

사기

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2015, the Defendant: (a) the Seocho-gu Seoul apartment house, (b) 103 dong 509, and (c) the victim D by telephone, and (b) the Defendant made a monthly profit on the money loaned to 5% of the money loaned to her husband and wife by making an investment in the front line of Gangwon-do; and (b) the principal shall be repaid until February 28, 2016.

“A false representation was made.”

However, in fact, the Defendant did not have a friendship in the Gangwon-do boat, and even if he borrowed money from the injured party, he was planned to use it for the purpose of the Defendant’s living expenses, personal debt repayment, etc., and did not have the intention or ability to pay it.

The Defendant received from the injured party the remittance of KRW 10 million on April 6, 2015, KRW 20 million on June 5, 2015, KRW 15.5 million on July 15, 2015, KRW 20 million on August 3, 2015, KRW 20 million on August 6, 2015, KRW 20 million on August 6, 2015, KRW 50 million on October 28, 2015, and KRW 50 million on December 30, 2015, from the Agricultural Cooperative Account under the name of the injured party to the account (Account Number E) account in the name of the accused, respectively.

Accordingly, the defendant was given a total of KRW 180 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (the analysis of the user of investment funds who is a criminal suspect), an investigation report (the telephone investigation), and an investigation report (the confirmation of details of transactions in the account of a suspect Daegu Bank);

1. Responses to requests for investigation cooperation and replies related to the provision of financial transaction information;

1. Application of Acts and subordinate statutes to a copy of a self-written statement of remittance, copy of a seal imprint certificate, copy of a money borrowed certificate, and copy of a deposit transaction statement;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (the amount of a punishment shall be at least KRW 100 million, the amount of which is less than KRW 500 million) and reduction area (from October to two years and six months) (the amount of special mitigation).

2. The defendant shall be sentenced to a sentence;