사기
The defendant shall be sentenced to 6 months of imprisonment with prison labor for crimes listed in the attached list 1 to 9 of the crime committed by the defendant, and the list of crimes listed in the attached list 10.
Punishment of the crime
[criminal records] On March 6, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and two years of suspended execution on March 14, 2015, and the said judgment became final and conclusive on March 14, 2015.
[Criminal facts] The Defendant committed a crime in the Central Park that is located in the Dong-gu, Sungnam-si on July 31, 2013, there is a lack of money to pay the price for goods to the victim C in the Central Park that is located in the Dong-gu, Sungnam-si.
The loan of KRW 12 million shall be repaid in the following month.
The phrase “ makes a false statement.”
However, in fact, the Defendant had a debt equivalent to KRW 90 million in bad credit standing at the time, and the self-employed machine business was not well-grounded and was economically difficult due to gambling, so there was no intention or ability to repay even if he borrowed money from the damaged party.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received transfer of KRW 12 million from the national bank account in the name of D to the borrowed money from the victim on the same day; and (c) received a total of KRW 176 million from December 10, 2015 by the aforesaid method until December 17, 2015, as described in the List of Crimes.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A certificate of deposit in a passbook, a certificate of borrowing, a statement of financial transactions, a copy of passbook, and a statement of financial transactions (D, E);
1. Previous convictions: The application of Acts and subordinate statutes by inquiry about criminal history, investigation reports (Attachment to a copy of major court records), previous convictions and results of confirmation of criminal history;
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) (attached Table 1 to 9 frauds) of the Criminal Act, Article 347(1) (attached Table 10 to 17 frauds) of each Criminal Act, and each choice of imprisonment with prison labor
1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that Article 39(1) of the Criminal Code (only between crimes No. 1 and No. 9 as indicated in the judgment and the violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.) is 1.