beta
(영문) 춘천지방법원 원주지원 2017.02.07 2016고단1234

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

(Criminal) On August 11, 2011, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, and on August 19, 201, the said judgment became final and conclusive on August 19, 201. On March 31, 2016, the Defendant was sentenced to imprisonment of one year and six months for fraud at the same court, and the said judgment became final and conclusive on December 1, 2016.

(Criminal) On August 12, 2009, the Defendant called the victim C, who was working partner at the site of the company on August 12, 2009, and the Defendant requires an urgent amount of funds to purchase goods necessary for the recycling business.

It will be repaid within the limit of 3 million won by lending it.

“The purpose of “ was to make a false statement.”

However, the business run by the defendant was not properly conducted, and the defendant thought that he borrowed money from the injured party D and E with the money borrowed from the injured party, and there was no intention or ability to repay the money even if he borrowed money from the injured party.

The Defendant received KRW 3 million from the damaged party to the foreign exchange bank account (F) in the name of the Defendant on the same day, and received a total of KRW 11.5 million from around that time to March 6, 2010, as shown in the list of crimes in attached Form 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The letter of loan, the letter of payment;

1. Account inquiry details;

1. Responses to requests for financial transactions and the details of deposits into and withdrawal from suspect accounts;

1. Report of investigation (verification of judgment) and application of the statutes governing the judgment;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor for the crime;

1. Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39(1) (which is between fraud in the judgment and fraud in August 19, 201, the judgment of which becomes final and conclusive);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the protection observation was that the Defendant borrowed money from the victim with the intent to repay the money borrowed from D and E, which is a female, and the Defendant has not yet borrowed money.