beta
(영문) 서울남부지방법원 2015.08.28 2014고단4872

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, around June 1, 2012, at a livelihood store operated by the victim D in Ilsan-si, Japan-si, the Defendant, “I would like to make a living leave once I would like to do so. I would like to make a joint operation, such as B. B. 40,000 won may be invested, and E among the transaction partners of the trade company currently in operation, there is a company, and if the company has a money exceeding KRW 40,000,000,000 from the company, and if the living apartment house is sold, the investment can also be made immediately. First, if the trade company currently in operation lends money as the price for the goods to be paid is needed, it would make a false statement from the E company to pay the money.”

However, the defendant, at the time, has a debt of KRW 140,000,000 in financial rights and bears interest of KRW 3,000,000 per month, but there was no separate property or income, and there was no outstanding amount to be received from the above E., and even if the defendant borrowed money from the victim because he owned the father of the defendant, he did not have an intention or ability to repay it even if he borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 831,00 as the price for goods on the same day from the victim, and obtained KRW 16,447,00 in total on 25 occasions from April 23, 2013, as shown in the separate crime list, from that time, the Defendant acquired KRW 831,00 as the price for goods on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. A detailed statement of transactions in passbook;

1. A detailed statement of accounts receivable;

1. Application of Acts and subordinate statutes to each investigation report (F telephone investigation for reference witnesses, hearing statements by complainants);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (with regard to frauds) and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] general fraud is from 6 months to 6 months in basic areas.