beta
(영문) 서울동부지방법원 2018.07.26 2017고단3379

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In 2011, the defendant organized and operated the border number system, and the victim B was a member of the above number system.

1. On February 15, 2012, around February 15, 2012, the Defendant was expected to receive KRW 20 million in the mutual influence restaurant located in the Dongjak-gu Seoul Metropolitan Government Salydong, the Defendant would first use this time to pay KRW 20 million and later pay it.

In addition, interest for KRW 20 million will be paid.

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

However, in fact, the Defendant did not have any particular property at the time, and did not have any particular income because he did not sell cosmetics-to-door, while the Defendant spent not less than 1.2 million won per month, such as the Plaintiff’s hospital expenses and monthly rent, and thus, there was no intention or ability to pay principal and interest even if he borrowed money from the injured party.

The defendant deceivings the victim as above and received 20 million won as the loan from the damaged party.

2. On February 2, 2012, the Defendant: (a) around February 2012, the date on which February 2012, 2012, the Defendant borrowed KRW 200,000 to the victim B “A credit card payment is not made but is not made; (b) the Defendant would pay the credit card payment together with the amount of KRW 20,000,000.

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

However, the defendant did not have the intention or ability to pay principal and interest even if he borrowed money from the damaged person on the grounds of Paragraph 1.

The defendant deceivings the victim as above and received 2 million won as the loan from the damaged party.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to B

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act: