(영문) 청주지방법원 2015.07.16 2015고단86

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(영문) 청주지방법원 2015.07.16 2015고단86

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

While the Defendant borrowed money from the victim C in 2013, around April 2014, at the end of 2014, the Defendant had been using money from the victim C, and at the end of 150 million won, there was a situation where the Defendant’s obligation to the victim was about KRW 150 million and the obligation to others was difficult to cope with the principal and interest of the said obligation. As such, the Defendant was able to borrow money from another person and use money from the victim to pay the principal and interest of its existing obligation.

Around May 4, 2014, the Defendant made a false statement to the effect that “Around May 4, 2014, the Defendant bears an excessive obligation without any particular property or revenue other than KRW 10 million, and even if having borrowed money from the victim, the Defendant did not have any intent or ability to repay the money and was used to repay his/her existing debt,” the Defendant called the victim to the effect that “A 500,000 won was paid by phone to the Defendant, even if he/she was aware of his/her life, as he/she was ever paid the money, even if he/she was ever paid the money, she would be paid by dividing the principal and interest for two months if he/she lent the money excluding the amount of 2-month advance interest and 500,000 won.”

At around 10:28 on May 4, 2014, the Defendant, by deceiving the victim as such, received 4.5 million won from the victim to the post office account in the name of D as the borrowed money, and received from May 24, 2014, a total of KRW 165,30,000 from the victim as stated in the attached crime list from May 24, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the details of damage transfer, details of transactions of post offices accounts in the name of D, and the Acts and subordinate statutes;

1. The grounds for sentencing [decision of type] of fraudulent crime group, type 2 of general fraud (not less than KRW 100, less than KRW 500,000) [decision of the recommended field] under the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act of the choice of punishment for the crime.

참조조문

-형법 제347조 제1항

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