beta
(영문) 수원지방법원 2019.09.06 2019고단2604

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 26, 2012, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Suwon District Court’s Ansan Branch, and the said judgment became final and conclusive on July 6, 2012.

【Criminal Facts】

The Defendant, around September 2009, had a total of KRW 100 million monetary obligation to many creditors, filed a complaint with the charge of fraud from B, etc., and had been aware of the demand from other creditors for repayment of debt from C to use the money as the fund for repayment of debt, etc.

Around September 2009, the Defendant stated that “A victim shall have the shares of a charnel, and if he moves to another place, he may obtain a permit for a charnel project immediately from Ansan-si, Ansan-si. It shall be required to pay KRW 100 million or more with the expenses for the relocation of the electric telegrams, and shall be repaid within one month.”

However, in fact, the Defendant did not hold any rights or shares in connection with the Down Business, and even if he borrowed money from the victim, he did not use it as the fund for the Charnel Business, and was planned to use a considerable portion of it as the fund for the repayment of debts to other creditors.

In addition, it is difficult to expect that the defendant's branch will take profits in the case of the D Cown Business, which is in progress, and the defendant did not have the intent or ability to repay the borrowed money as agreed upon by the victim because there is no particular asset or source of revenue.

Nevertheless, the Defendant, by deceiving the victim as such, obtained on September 30, 200 from the victim the transfer of KRW 136,560,000 to the national bank account in the name of E on September 30, 209.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the E, F, and C's statement);

1. Statement of the police statement regarding C;

1. Previous convictions in judgment: Criminal records and investigation reports, and suspects A of the same kind;