beta
(영문) 서울서부지방법원 2012.09.07 2012고단1607

사기

Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

BE was sentenced to one year of imprisonment for fraud, etc. at the Seoul Southern District Court on May 9, 2007, and the parole period was expired on March 28, 2008 and July 5, 2008.

On January 26, 2010, the Defendants found BN building 615 in the Dong-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City (BE) to be “BO,” and falsely stated that “BP, which actually operates the above lending company, leased KRW 402,00,000,000 prior to the lease deposit amount of KRW 80,000,000,000,000,000,000,000,000,0000,000,000,000,000,000

However, the fact was that Defendant A paid KRW 20 million to Defendant BE as the deposit for the deposit, and the Defendants did not actually reside in the above B QP loan No. 402, and the Defendants had already been granted a loan of KRW 36.8 million from BP loan as security around December 18, 2009. From January 17, 2010, the Defendants did not notify the victims of the above fact despite the fact that BS paid KRW 80 million to Defendant BE and actually resided.

As a result, the Defendants conspired to induce the victim as above, and then acquired 38.4 million won from the victim to the corporate bank account under the name of the Defendant A by transfer from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of the BP and S;

1. Investigation report (report accompanied by an abstract of resident registration, report on the results of reference witnesses BS currency, and report on the results of inception currency);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (written confirmation of details of disposition of cases);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act Aggravation of repeated crimes (Defendant BE);

1. The fact that the suspended execution (defendant A) is divided and reflected in Article 62(1) of the Criminal Act, and the victim agrees with the victim.