beta
(영문) 대전지방법원 홍성지원 2018.01.09 2017고단738

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

1. On August 31, 2016, the Defendant against the victim C made a false statement to the effect that he/she would receive construction payments from the victim to the Agricultural Cooperative account in the name of the Defendant on the same day, and that he/she received KRW 8 million from the victim to the Agricultural Cooperative account in the name of the Defendant on the same day from November 12, 2016, when he/she used no specific property at the time to repay the construction proceeds, and even if he/she borrowed money from the victim C, he/she did not have any intent or ability to repay the construction proceeds, he/she shall receive KRW 17.5 million in total at least four times, as shown in the attached Table of Crimes, as stated in the attached Table, from November 12, 2016.

2. On December 6, 2016, the Defendant against the victim D’s fraud was transferred KRW 9750,000,000 under the name of the Defendant’s name to the account in the name of the Defendant, and on February 13, 2017, the Defendant acquired KRW 4975,50,000 under the name of the Defendant’s name of the said construction permission from the victim, and acquired KRW 975,00,000,00 in total, by receiving KRW 4755,00 in cash in the name of the contract deposit for the said construction on February 13, 2017, as the Defendant was planned to use it to repay the Defendant’s existing debt without using it for the victim’s new construction.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A copy of a trade contract, receipt, or passbook;

1. Application of Acts and subordinate statutes to a loan certificate and a detailed statement of deposit transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Aggravation concurrent crimes;