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Reasons
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(영문) 수원지방법원 2017.10.27 2015고단1748
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around June 2013, the Defendant made a false statement to the effect that “The Defendant would make a full payment of KRW 45 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000 won, if he/she lent to the victim D that he/she had successfully developed Schlage at a Vietnam local factory, although he/she was engaged in production, due to a shortage of funds, at the office of the above company office of Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City.”

However, at the time, the Defendant was unable to pay the employees’ wages and retirement allowances, and the credit card payments and bank loans were in arrears, thereby bearing approximately KRW 400 million of debt (class 10 of credit rating), and even if the Defendant borrowed the money from the victim to other creditors, such as repayment of debt to E and use it for living expenses, there was no intention or ability to repay the money.

The defendant shall have jurisdiction over the same damage from the injured party.

7. On June 16, 200, KRW 35 million, including KRW 5 million around the 27th day of the same month and KRW 35 million around the 27th day of the same month, was remitted to the Defendant’s name bank account.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. On March 11, 2015, the part of the defendant's statement in the suspect interrogation protocol of the police officer and the statement D

1. Statement made by the police against D;

1. A copy of a loan prior to the gold, deposited materials, materials of the Public Procurement Service, e-mail materials sent by the defendant to the victim, request for investigation cooperation (personal credit information inquiry), reply to investigation cooperation, and application of a copy of the judgment under statutes

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

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