사기
A defendant shall be punished by imprisonment for not less than eight months.
On November 28, 2017, the Defendant had been sentenced to a suspended sentence of two years for fraud at the District Court for the six months of imprisonment for a crime, and the said judgment became final and conclusive on December 6, 2017.
Punishment of the crime
On September 21, 2015, the Defendant called the victim BP by phoneing it to the victim BP, and saying, “I will pay 4.5 million won if I would lend the gift to the customer, because I would have no money to go to the customer. I would pay 4.5 million won.”
However, in fact, the defendant did not have a certain income at the time and continuously lent money from the surrounding persons to use the money for the cost of living or make it difficult to pay the debt accumulated by gambling, so there was no intention or ability to pay the debt even if he borrowed money from the victim.
Nevertheless, as seen above, the Defendant, by deceiving the victim, received KRW 4.5 million from the victim’s Hbank account under the name of the Defendant on the same day, and acquired KRW 63,267,800 from the total eight persons, including the above victims, from June 4, 2014 to July 31, 2016, as indicated in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement on the BR, BS, BP, BU, BV, BW, and X;
1. Details of transactions (BS), details of transactions (BP), AK substituteds, notarial deeds (BP, A), respective authentic deeds (BS, A), suspect text transmissions;
1. A specification of transactions and a respective loan certificate;
1. Details of the small amount of claims;
1. AK dialogue, details of small settlement, and details of transactions (BU);
1. Details of AK dialogue;
1. Application of BT, specification of transactions (BV), and specification of transactions (BW) Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act for the treatment of concurrent crimes (where there exists a previous conviction in fraud in the market,
1. Grounds for sentencing of the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and the proviso of Article 42 of the Criminal Act among concurrent crimes;
1. The scope of punishment by law: Imprisonment for one month to fifteen years;
2. There are concurrent crimes under the latter part of Article 37 of the Criminal Act.