사기
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
【Criminal Power】 On February 2, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Gwangju District Court and two years of suspended execution, and the said judgment became final and conclusive on April 4, 2016.
【Criminal Facts】
1. On July 4, 2012, the Defendant stated that “A victim D shall be paid with the money that he/she has paid to any other person, and he/she shall not be paid with the money.” If he/she loans money, he/she shall be paid as soon as possible.”
However, the defendant did not have any particular income at the time, while he did not have any intention or ability to repay even if he borrowed the money from the victim in the situation where he was paid a large amount of expenses at the hospital expense of the mother and was liable to other persons.
The Defendant, as well as the Defendant’s receipt of KRW 3 million from the victim’s account to the Agricultural Cooperative account, in the same month.
9. 5 million won, 27.6 million won per month, and the same year.
8. 20. 1790,000 won and KRW 4.7 million received each remittance in the same way and acquired a total of 15,090,000 won.
2. 피고인은 2012. 12. 초경 전남 구례군 E에 있는 피해자 F의 집에서, “청주 시댁에 땅이 있어 팔면 큰돈이 나오는데 인지대 등 비용이 없어 못 팔고 있다. 돈을 빌려주면 땅을 팔아서 갚아주겠다.”고 하였다.
그러나 피고인은 다른 사람들에게 빌린 돈을 갚기 위해 돈이 필요하였을 뿐이며, 시댁에서 매각할 땅을 보유한 것도 아니었기 때문에 피해자로부터 돈을 빌리더라도 이를 변제할 의사나 능력이 없었다.
The defendant shall receive 6 million won in cash from the victim, and the same month.
3. The Defendant received KRW 4 million from the agricultural bank account in the name of the Defendant, and acquired KRW 10 million in cash over several times from May 2013, and acquired KRW 20 million in total.
Summary of Evidence
1. The defendant's protocol of interrogation of the suspect against the defendant is written in part and D and F, respectively.