beta
(영문) 제주지방법원 2014.12.11 2014고단913

사기등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On Nov. 20, 2009, the Defendant borrowed 15 million won from the D coffee shop in Jeju on Nov. 20, 2009, and exercised the forged issuer’s “F Co., Ltd.’ G representative director G, the place of payment, the company credit branch of Jeju Bank, the serial number of the bill, the amount, and a promissory note with the blank of the issue date, as collateral.

2. The Defendant presented a promissory note to the victim E at the time and place stated in Paragraph 1 and the date and place stated therein, and “The Defendant shall lend money to the victim E as much as there is a shortage of money in entering into the land contract, and shall pay off only one month. The Defendant stated that the promise shall be paid at face value and issue date and shall be able to present payment.”

However, the above promissory note is a forged bill, and the defendant did not have any intent or ability to complete payment even if he borrowed money from the victim without any specific property.

The Defendant, as such, by deceiving the victim, received 14 million won from the victim, deducting 15 million won interest from the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. A copy of a Promissory Notes, a certificate of borrowing money;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Fraud under Articles 217 and 214 (1) of the Criminal Act and Article 347 (1) of the Criminal Act;

U.S. Imprisonment

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Recommendation and sentence scope [the scope of punishment [the range of punishment by fraud crime group, general fraud, type 1 (less than 100 million won), mitigation area (specific mitigation factors: no more than 100 million won: imprisonment for not more than a year] on the grounds of sentencing in Article 62(1) of the Criminal Act (the conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the statement of reasons for sentencing) and the following circumstances shall be determined as per the disposition in consideration of all the following circumstances. favorable circumstances are against the recognition of crimes: