beta
(영문) 대구지방법원 서부지원 2016.12.01 2016고단1671

사기

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

On January 25, 2013, the Defendant made a false statement to the effect that “The Defendant would complete payment of this apartment house by selling it, if he/she borrowed money,” with the victim’s house located in Seo-gu, Daegu, Seo-gu, Daegu, to the effect that “The 32 square-type 1 bond in Yong-nam-gu, Seo-gu, Daegu, Seo-gu, Man-gu, is sold, and to purchase it.”

However, at the time, the Defendant was causing approximately KRW 123 million to other persons, and did not have any special property or occupation, and the Defendant was able to repay the money borrowed from her husband with the property under the name of her husband because she borrowed money from her husband. Since she was willing to use the money borrowed from her husband for purchase of an apartment, the Defendant did not have any intent or ability to repay the money at that time, even if she borrowed the money from the victim, as above, did not have any intention or ability to repay it.

Nevertheless, the Defendant received 45 million won from the victim to the Daegu bank account under the name of the Defendant for the same day on the same day, and acquired 380 million won in total from the victim to September 30, 2015 by transfer from the victim to the Daegu bank account in the name of the Defendant, as shown in the list of crimes in the attached list of crimes, on a total of 17 occasions, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on investigation (specific amount of damage);

1. - Each certificate of borrowing, - Details of payment, - details of redemption of interest, - details of financial transactions.

1. - Written Answer, - Application of Acts and subordinate statutes certifying all registered matters.

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Among concurrent offenders, the reason for sentencing Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act has reached 380 million won (not less than KRW 260 million of actual damage excluding the money that the victim received as principal and interest), and a considerable portion of damage has not been recovered until now.