사기
A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
[criminal history] On February 16, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Militarysan Branch of the Jeonju District Court on February 16, 201, and the judgment became final and conclusive on June 21, 2017.
[Criminal facts] The defendant is the representative of the limited company C established for the purpose of the business of manufacturing Lers, burners, and smoking in Jung-Eup-si, and the person who operates E members in So-si Do.
When the financial standing of the above C becomes worse and urgent due to demand for personal debt repayment, the defendant raised money from the victim G who was introduced through F.
The defendant around 10:00 on July 1, 2015, at around 10:00, the defendant repaid to the victim the amount of KRW 200 million within one month from the loan of KRW 200 million, and will pay interest at five percent per annum.
“A false representation was made.”
However, in fact, the defendant was urged by other creditors to repay his obligation, the auction was conducted with respect to the above C, and since he was in excess of his obligation, there was no intention or ability to repay the principal and interest as agreed, even if he borrowed money from the injured party.
Nevertheless, the defendant deceivings the victim as above and transferred 18 million won to the I Bank (J) account under the name of the defendant's husband H at around 13:26 on the same day from the victim, and 92 million won from around 14:24 on the same day.
In addition, the defendant around July 9, 2015 requires the victim " urgently needed to do so."
The interest shall be paid in two copies and shall be paid in full together with the loan.
“A false statement,” and its affiliation received from the injured party KRW 20 million on the same day as a loan, KRW 21:04 on the same day, KRW 20 million on the same day, and KRW 20 million on July 10, 2015 on July 10, 2015, respectively.
Accordingly, the defendant deceivings the victim and 260 million won in total.
Summary of Evidence
1. Statement by the defendant in court;
1. The statement made by the police in relation to G.