beta
(영문) 대구지방법원 경주지원 2013.08.21 2013고단358

사기

Text

A defendant shall be punished by imprisonment for four 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

1. On April 28, 2011, the criminal defendant against the victim B was making a large amount of interest on the part of the victim B while drinking the victim B and drinking in a small-scale room located near the department store in Ulsan-gu, Busan-dong, Busan-dong, Busan-dong, Pungdong-gu, Seoul-gu, and the defendant took a large amount of interest on the money borrowed from another company.

The loan of 15 million won is different because one wants to adjust the money.

In that sense, the revised and added expenses incurred in providing assistance from C Company D, the original office company, shall be the face value of the revised and added expenses incurred in providing the payment for the completion of the money.

6. The payment shall be made up to 20.

“....”

However, at the time of fact, the Defendant had already been liable to pay the credit amount of KRW 40 million or more, and there was no discussion about the revised and additional expenses, and there was no intention or ability to repay the amount even if the Defendant borrowed the amount from the victim.

As above, the Defendant deceivings the victim, and thereby deceiving him from May 7, 2011 to the victim.

5. up to September, 200, a total of KRW 15 million was remitted and acquired through money borrowed four times.

2. On May 11, 201, the Defendant against the Victim F: (a) around U.S. on May 11, 201, the Defendant sent a phone call to the Victim F; and (b) “I will immediately receive cash services from the following A.M. if I lend KRW 1700,000,000 to the Victim F.

However, at the time of fact, the defendant did not have the intent or ability to repay the money even if he borrowed the money from the victim because there was no special fund source as stated in paragraph (1).

As above, the Defendant, by deceiving the victim as above, received 1.7 million won from the victim as the borrowed money on the same day and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning B and F;

1. Application of Acts and subordinate statutes on the transaction details of bankbooks and the statement of passbooks;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment.