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(영문) 서울중앙지방법원 2016.11.15 2016고단4295
사기
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates “D” on the Gangnam-gu Seoul Metropolitan Government 1st floor.

On November 20, 2012, the Defendant, at the victim F’s office located in Guro-gu Seoul Metropolitan Government E-building, stated, “The amount of penalty for KRW 30,000 is supplied to the Unification bridge, and there was no fund to operate the factory. Therefore, if the Defendant loans KRW 25,00,000 to the cost of the operation of the factory, he/she will pay KRW 30,000 after the loan.” The Defendant received KRW 25 million from the victim on the same day.”

However, in fact, the Defendant did not pay the monthly rent for the “D” building on January 21, 2009, and was in a state of not remaining KRW 50 million around June 2012. At the time, the Defendant was unable to repay the debt of KRW 350 million out of KRW 750,000,000,000, and was in a state of having no intention or ability to repay the said monthly rent even if she borrowed money from the victim.

Accordingly, the defendant, by deceiving the victim, obtained 25 million won as a loan from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. Cash storage certificate and lease contract for commercial buildings (sub-lease) dated November 20, 2012 among the Nos. 35 of evidence list Nos. 35, and each financial transaction details (Evidence List Nos. 44, 45);

1. Application of Acts and subordinate statutes to the investigation report (as to the telephone conversations with the lessor);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant paid a considerable amount of money to the victim on several occasions, taking into account the fact that the amount of money acquired by the defendant through the crime of this case does not reach an agreement with the victim, and that the defendant has a record of punishment for the same kind of crime in the past.

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