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(영문) 서울남부지방법원 2015.05.19 2014고단5112

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 4, 2014, the Defendant was sentenced to imprisonment with prison labor at the Seoul Southern District Court for a crime of fraud, and the Defendant’s appeal against it, and the final appeal was dismissed, and the said judgment became final and conclusive on January 29, 2015.

On July 25, 2011, the Defendant made a false statement to the victim’s singing room in the Yangcheon-gu Seoul Metropolitan Government Operation G management, stating that “A business purchases a heavy and heavy mobile phone and provides it to a mobile phone agency in bulk, and, for the purpose of the business fund, money needs to be paid for the purpose of the business fund, five additional interest will be paid if it is lent.”

However, the defendant did not run a mobile phone business at the time, was in excess of his/her obligation, and there was no certain revenue or property, there was no clear job, and was in bad credit standing. Therefore, there was no intention or ability to pay money to the victim, even if he/she thought that he/she would use the money from the victim for his/her own living expenses, or for his/her own living expenses.

The defendant deceivings the victim as above and is therefore subject to the same year as the borrowed money from the victim.

8.1. Around January, 200, one bank account (Account Number: J) in the name of the public prosecution other than the indictment was received, and the sum of KRW 230 million was deposited 14 times from around that time to August 10, 2012, as shown in the list of crimes in the attached list of crimes, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including G statements);

1. The police statement concerning G;

1. A criminal complaint, details of account transactions, investigation report (Submission of corrected data by a complainant), each statement, the list of fraud crimes, the deposit statement of SC Bank, etc., and a criminal report (attached to the details of account transactions in the I's name, which are used as a suspect);

1. Records before and after judgments: Criminal records, references to criminal investigations (A), reports on criminal investigations (Attachment to judgments in the process of a suspect's trial), search of consolidated cases (where confirmation is made on the date of confirmation), application of Acts and subordinate statutes of the Supreme Court (2014Do15652);

1. Criminal facts;