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Reasons
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(영문) 청주지방법원 2018.07.18 2017고단2194
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 17, 2014, the Defendant issued a promissory note with the face value of 36 million won, which was paid at 5,00,00,000 won to the Defendant for the loan of 27,000 won as a security for the loan, to the Victim C at the YE EF EF office located in Cheongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, Seoul, and 24,000,000 won for the loan of 27,000 won as a result of the lack of construction cost. The Defendant issued a promissory note with the Defendant as security for the loan of 36,00,000 won, including interest, until July 19, 2014, to the principal of the loan of 27,000 won.

However, in fact, the above bill was issued by the Defendant at the request of H for discount of the bill, and the Defendant only delivered 12 million won to H as discount, and the Defendant did not hold the separate claim for construction payment against H, and even if he borrowed money from the damaged party, there was no intention or ability to pay the bill at the fixed date.

Nevertheless, the Defendant, as mentioned above, fraudulently told the victim and acquired 27 million won from the victim to the Saemaul Treasury account in the name of the Defendant designated by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Statement made by the police against the victim;

1. A bond, a respectively borrowed certificate, a copy of a promissory note, and a note;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the scope of Defendant’s liability for compensation).

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