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(영문) 수원지방법원 2020.04.16 2018고단7551

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around May 25, 2017, the Defendant stated that “The victim D, who is an employee of the said company, shall be detached from the interest rate, and the remainder shall be given to those who need to pay the interest, and shall be repaid for three months after the payment.”

However, in fact, the Defendant was planned to receive money from the victim to use it as operating expenses, etc. of the said company, and the said company had no particular revenue or property, and the said company continued to be in a bad condition, and the Defendant was unable to repay approximately KRW 10 million of personal debt, such as card payments, with bad credit holders, and thus, there was no intention or ability to repay even if he borrowed money from the victim.

Around May 25, 2017, the Defendant, by deceiving the victim as above, obtained money of KRW 3 million from the victim to the F Bank account (Account Number G) in the name of the Defendant’s No. E, and acquired money from the victim. From around that time to August 9, 2017, the Defendant acquired money of KRW 7,4650,00 in total by the aforementioned method nine times, as shown in the separate crime list, from around that time to around August 9, 2017.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused and H by the prosecution;

1. Each police suspect interrogation protocol against the defendant and H;

1. Statement made to D by the police;

1. Details of financial transactions and application of Acts and subordinate statutes on loan receipts;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);