beta
(영문) 부산지방법원 동부지원 2017.06.22 2017고단935

사기

Text

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

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

Reasons

Punishment of the crime

On September 9, 2016, the Defendant was sentenced to four months of imprisonment with prison labor at the Busan District Court on September 9, 2016 and became final and conclusive on September 20, 2016.

1. Around May 2016, the criminal defendant against the victim B made a false statement to the effect that he/she would have the victim B, who became aware of via the Internet NAV website, “to have the guarantor get a loan.”

However, even if the defendant receives money from the injured party, it was thought that he will use it as a private sports entertainment fund on the Internet, and the defendant did not have the intent and ability to have the injured party get the loan by seeking the guarantor.

As above, the Defendant, by deceiving the victim and deceiving the victim from the victim as above, wired the amount of KRW 3 million around May 4, 2016, KRW 700,000,000 around May 8, 2016, and KRW 3.7 million in total to the national bank account in the name of C, under the pretext of fees.

2. On June 2016, the Defendant’s fraud against the victim D is against the surety at the Internet NAV website.

The phrase “to have the victim make a false statement to the effect that the victim D, who reported and contacted, would have the victim get a loan by demanding the guarantor.”

However, even if the defendant receives money from the injured party, it was thought that he will use it as a private sports entertainment fund on the Internet, and the defendant did not have the intent and ability to have the injured party get the loan by seeking the guarantor.

The defendant deceivings the victim as above and acquired 90,000 won from the victim to the national bank account in the name of the defendant on June 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (a final and conclusive judgment appended);

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) (each of the above crimes and judgments) shall be rendered.