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Reasons
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(영문) 서울중앙지방법원 2014.12.12 2014고단2320
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 20, 2011, the Defendant was sentenced to 8 months of imprisonment for fraud, etc. at the Seoul Central District Court on May 20, 201, and the judgment was finalized on May 28, 2011, and operated various systems at the office No. 1406 of the Seoul Special Metropolitan City building C.

Around May 12, 2009, the Defendant called that the Defendant would give an amount of money to the victim D by signing an order of 50,000,000 foot Nos. 50,000 to pay the money to the victim D at the above office.

However, in fact, the defendant did not have certain property at the time and remains in the amount of money to be paid to the members of the fraternity operated before the defendant, and even if receiving the money from the victim, he did not have the intention or ability to pay the money normally to the victim because he did not have the intention or ability to pay the money to the members of the fraternity operated first.

Nevertheless, the Defendant received 90,290,000 won in total from May 23, 2011, as shown in the Schedule of Crimes (1) from the victim, including that the Defendant received 1,250,000 won from the victim’s place of payment for one unit of account.

Furthermore, the Defendant received from the victim E a total of KRW 74,90,000,00 from May 16, 201 to May 16, 201, as shown in the attached list of crimes (2), as shown in the attached list of crimes, and the sum of KRW 63,975,00 from May 12, 2009 to October 29 of the same year, as shown in the attached list of crimes (3).

Accordingly, the defendant acquired each of the above money from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, E, and F;

1. The statement of each statement of D, E, and F in the police interrogation protocol against the accused;

1. Statement of the police statement related to D, E, and F;

1. A complaint filed for the issuance of D, E, or F;

1. Two copies of each crime sight table, each accounting book for support, and content certification (the sending and receipt of a promissory note requested by the complainant);

1. Previous convictions in judgment: Investigation report (the confirmation of related cases, etc.);

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