beta
(영문) 서울남부지방법원 2017.02.03 2016고단4885

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around December 12, 2013, the Defendant is entitled to any more money by investing in the land in the victim F, who became aware of “D” office located after C hotel in Seoul, through the introduction of “D” office in Seoul, with the investment of “if the Defendant is making an investment in the land in which 30 million won is located at normal house, and if only 30 million won is leased, the Defendant is entitled to any more money.

The term “to pay KRW 50 million in total, including KRW 10,000,000,000, in a week from the lending of money to G” was false.

However, in fact, the Defendant did not make an investment in the land at ordinary times, and was willing to use it to repay office operating funds or other debts from the damaged party. While personal debts at the time amount to KRW 220 million, while there was no particular property or income, even if he borrowed money from the damaged party due to no other property or income, the Defendant did not have the intent or ability to repay it.

Nevertheless, on December 13, 2013, the Defendant was issued 30 million won to a corporate bank account (H) in the name of the Defendant on December 13, 2013, by deceiving the victim and deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. The protocol of interrogation of each police officer in relation to G and E;

1. Two-time suspect interrogation protocol against E (including modern and F statements);

1. Statement of F in the second-time police interrogation protocol against the accused;

1. Each police statement made to F and I;

1. A complaint filed by the F;

1. Investigation report (report in the F language of the complainant);

1. An investigation report (G call report);

1. A copy of the process deed (No. 675, 2013, which is claimed by a notary public);

1. A copy of deposits without passbook; and

1. Application of Acts and subordinate statutes to the IBK reply Data on Corporate Bank (the statement of transactions in the name of the defendant);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment recommended according to the sentencing criteria (the type of fraud) shall be the general fraud;