(영문) 서울서부지방법원 2015.07.28 2015고단1107

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(영문) 서울서부지방법원 2015.07.28 2015고단1107

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On January 2012, the Defendant made a false statement that “If the Defendant borrowed KRW 7,00,000 to the bond business operator and borrowed it to the bond business operator, the Defendant would purchase and sell an apartment in Gangnam-gu to repay it.”

However, in fact, the defendant did not own apartment without any reason, and even if he borrowed money from the victim because there was no other property, he did not have any intention or ability to complete the payment.

The Defendant received total of KRW 201,00,000 from March 2014, from the time on which the Defendant had the victim borrow KRW 7,00,000 from the bond company and received it, as shown in the attached list of crimes, from March 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement in the prosecutor's protocol of interrogation of the defendant against the defendant (second time)

1. Part of the defendant's statement in the police interrogation protocol of the defendant (second time)

1. Statement made to D by the police (second time);

1. Each investigation report (verification of reference witnesses E, F, G, H, I, J, or K loan);

1. Full certificate of the matters to be registered (the investigative record No. 28);

1. Application of Acts and subordinate statutes to each notarial deed;

1. In light of the relevant provisions of the criminal facts, Article 347(1) of the Criminal Act, the reasons for sentencing of imprisonment with prison labor, and Article 347(1) of the Criminal Act, the fact that the defendant was punished for the same kind of crime, and as if the defendant had no particular property, he/she had acquired 200 million won or more through several times from the victim and acquired 200 million won or more from the victim through several times for two years as if he/she had no property, and in the process, he/she got the victim to borrow money from the bond company as security and then acquired the money from the victim, the crime is considerably bad in terms of the content of the crime in this case and the applicable law, and the amount of money not repaid out of the damage amount in this case reaches 10

참조조문

-형법 제347조 제1항

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