beta
(영문) 창원지방법원 거창지원 2016.07.13 2016고단52

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 20, 2009, the Defendant paid the victim E with money from “D’s accommodation” located in G, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongnam Development Co., Ltd. “I have to pay the debt so that I have to pay the debt so that I have to pay the debt so that I have to pay the debt.”

“.........”

However, in fact, the Defendant did not have any intent or ability to repay the loan even if he/she borrowed money from the damaged party, even though he/she did not have any certain income or property.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the account under the name of the Defendant on the same day from the victim, and, from January 20, 2009 to July 17, 2010, acquired the total amount of KRW 49.6 million on eight occasions, such as the list of crimes in the attached crime, from January 2009 to July 20, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment (as a whole, the selection of imprisonment and punishment);

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that the defendant denies the fact of the crime and the amount of fraud cannot be deemed to be written even though the defendant has sufficiently recognized the fact of deceiving the victim, such as the facts of the crime, as stated in the above evidence; however, it shall be selected to suspend the execution in consideration of the relationship between the defendant and the victim, the time of