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(영문) 창원지방법원 진주지원 2019.03.28 2018고합142
특정경제범죄가중처벌등에관한법률위반(사기)
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A defendant shall be punished by imprisonment for not less than one year and six months.

The application for compensation of this case by the applicant for compensation is dismissed.

Reasons

Punishment of the crime

[criminal power] On February 23, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, which became final and conclusive on April 27, 2018.

【Criminal Facts】

On March 31, 2015, the Defendant made a false statement to the victim B to the effect that “in operating a gambling house, he/she offers security and lends money to the gamblings. Inasmuch as he/she is taking security and doing business, he/she would not be deemed as losses. Inasmuch as he/she pays money within three months, he/she would give 10 or more copies of interest.”

However, in fact, the Defendant did not fully lend the money to the persons who gambling with the money borrowed from the victim, but did not intend to repay the money to the victims even if he borrowed the money, since there was no clear way for the Defendant to receive the money if he borrowed the money from the victim, and there was no intention or ability to repay the money from the beginning, at the time, he thought that he would be able to do so, and there was no obligation in the amount of KRW 500 million, nor there was no fact that he borrowed the money to those who gambling with the money as security.

Nevertheless, the defendant deceivings the victim as above and acquired 70 million won from the victim by transfer on the same day.

8. From 17. up to 17. The victim acquired 529,000,000 won from the victim through a total of 10 times, such as the annexed list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of the witness B;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's office and the police's statement concerning B;

1. B accusation;

1. Each investigation report (No. 4,5,6,12,17, and 18), respectively;

1. Details of the E transactions in the name of D, the E transactions in the name of the accused, the details of the E transactions in the name of the accused, the F Bank, G Bank, and the details of the H Bank account;

1. Previous convictions: Criminal records and copies of each written judgment;

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