beta
(영문) 제주지방법원 2015.09.04 2015고단509

사기

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

On July 23, 2015, the Defendant was sentenced to three years of imprisonment for fraud at the Jeju District Court on July 23, 2015, and the judgment became final and conclusive on July 31, 2015.

Criminal facts

around October 2013, the Defendant started the construction of the LH Public C C in Busan-gu, the victim E (n, 52 years of age) in a professional manner. The major construction is underway, and when the establishment of a charnel house is in progress, the revenues of KRW 0,000 won accrue if the establishment of the charnel house is carried out. The Corporation is sufficiently possible if there is money. However, when there is money, it is possible for the Corporation to provide a loan to the Party. The Defendant later made a false statement that “I wish to live in Jeju-do, as in Jeju-do,” and then sent a real estate lease agreement or the settlement of accounts for the payment of seedlings to the victim’s Handphone.

However, in fact, the Defendant did not have received any bid for the above charnel construction, and there was no assets held or no significant income source at the time, and there was no intention or ability to repay the said loan even if he borrowed money from the victim due to the lack of credit standing, such as personal debts with a maximum of 30 million won.

Therefore, the Defendant received 4,088,500 won from the victim’s account in total from November 24, 2013, including using 300,000 won, from the victim’s children, by obtaining the NAK card and NAB national card in the name of F, which is the victim’s children, from the victim, and received 4,08,50 won from around November 24, 2013 to January 26, 2014, by using the above F’s check as indicated in the attached list of crimes, or receiving money from the victim to the account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Details of passbook transactions;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act, the choice of imprisonment;

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Suspension of execution: Article 62 of the Criminal Act;