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(영문) 서울중앙지방법원 2014.06.26 2014고단3215

사기

Text

A defendant shall be punished by imprisonment for one and half years.

Reasons

Punishment of the crime

Around April 21, 2012, the Defendant made a false statement to the effect that “The Defendant access to Qcafeteria located in Seocho-gu Seoul, Seoul, to the victim R who wants to obtain a loan as a security for the Gyeonggi Masan located in the Gyeonggi si, thereby obtaining a loan of KRW 10 billion to the victim, “The Defendant would have been making a loan of KRW 150 million at the cost of the financial work, while performing the financial work, by gathering the heads of the banking branches, while performing the financial work, and 10 billion at the Bank.”

However, the defendant did not have an intention or ability to receive a loan of 10 billion won from the victim because the defendant received money from the victim to use it for personal purposes, or was thought to use it to invest in the game company called the corporation Lona World.

Nevertheless, on April 21, 2012, the Defendant received KRW 10 million from the victim in the same way, including remittance of KRW 20,000,000 from the Korean bank account in the name of S bank (Account Number: T) in the same manner as the Defendant was transferred, and KRW 6 million on May 11, 2012, and KRW 24 million on May 14, 2012, respectively.

Accordingly, the defendant deceivings the victim and acquired 60 million won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Indicating some of the statements concerning the accused in the protocol of interrogation of suspect to the prosecution (including the cross-examination) of the police officer;

1. The police statement concerning R;

1. Details of remittance, written provision of financial information, and statement of transactions by account;

1. Application of the Acts and subordinate statutes to investigation report (review the details of passbook transactions and confirmation of the opener of passbook);

1. The above crimes on the grounds of sentencing under Article 347(1) of the Criminal Code of the corresponding statutory provisions for criminal facts are subject to the sentencing guidelines, and fall under the basic area (6 to 16 months) among the types of Class 1 (less than KRW 100 million) of the general fraud. Damage has not been recovered, and the defendant is subject to the punishment and the suspension of execution due to criminal fraud.