사기
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around September 2007, the Defendant made a false statement to the effect that, if the Defendant’s “Del” operated by the Defendant in Bupyeong-gu Incheon Metropolitan City, lent KRW 40 million to the Victim E, the Defendant would give KRW 800,000 as interest per month and repay at any time if the Defendant talks only before one month.
However, in fact, the Defendant did not well operate the telecom and did not have any intent or ability to pay money even if he borrowed money from the victim because he did not receive any interest every month and paid more than KRW 30 million.
Nevertheless, the Defendant, by deceiving the victim as such, received from the victim a total of KRW 6 million on September 20, 2007, KRW 500,000 on October 20, 2007, KRW 500,000 on October 21, 2007, KRW 100,000 on October 21, 2007, KRW 23 million around that time.
2. The Defendant, at the same place around October 2007, has one guidance cited as the present “A” to the victim E at the same place, and pays 1.5 million won per unit per 1.5 million won;
The amount of KRW 2.2 million out of the total amount of KRW 3 million per month shall be paid by adding 80,000 to the amount of interest to be paid by the captain on August 2009 and September 2009. < Amended by Presidential Decree No. 22200, Feb. 1, 2009; Presidential Decree No. 22000, Feb. 1, 2000>
The purpose of this article was to make a false statement.
However, even if the defendant receives a fraternity from the victim, he did not have the intention or ability to pay the fraternity by joining two accounts in the name of the victim.
Nevertheless, the Defendant, by deceiving the victim as such, received 2.2 million won per month from January 2008 to October 1, 2008, and 1.2 million won per month from November 2008 to August 2009.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the police against the accused (including the substitute part);
1. Statement to E by the police;
1. Application of a list of details of savings deposit transactions (E, Nonghyup), statutes;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.