사기
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 23, 2012, the Defendant issued a gift certificate to the victim’s house, “B apartment Nos. 101-301, 301, 301, and the victim’s house,” and the Defendant issued a gift certificate equivalent to 10% of the loan, upon receipt of a credit card loan or a cash service with a customer card. When a credit card or a new credit card exists, the Defendant entered the company and transferred it to the head of the Tong who received a loan or a cash service, and immediately repaid the gift certificate to the company.”
However, the above-mentioned exercise was not underway, and the defendant was urged by other obligees, and thus there was no intention or ability to repay the loan to the victim.
The victim, around May 23, 2012, borrowed KRW 12 million from a new card company, and KRW 1.7 million from a lot card company, and the Defendant was transferred from the victim to the credit union account in the name of the Defendant on the same day.
Accordingly, the defendant was given property from the victim by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement to C by the police;
1. Application of statutes governing details of transactions;
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act);