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(영문) 인천지방법원 2020.01.23 2019고단7557
사기
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around August 22, 2018, the Defendant made a false statement to the effect that “The Defendant would provide the victim D with BMW vehicle at the seat of the Incheon Jung-gu Hospital and as security.” That said, the Defendant would lend money to the victim D and would have to be repaid by no later than three days thereafter.”

However, in fact, the Defendant had no occupation or income, and had already been in a state of stuffing for gambling with money from the victim, as well as had been thought to be used for gambling, and the vehicles offered as security had no ownership and did not have repaid the money as if they were repaid with money. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money within a short period of time.

Ultimately, the Defendant, by deceiving the victim as above, obtained KRW 9 million from the victim’s account in the name of EF bank designated by the Defendant on the same day, and acquired KRW 9 million from the HF bank account in the name of G designated by the Defendant on the 23th of the same month, and acquired KRW 18 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Each investigation report (report on confirmation of credit information as a suspect and report on additional confirmation of credit information as a suspect);

1. Application of Acts and subordinate statutes on the details of remittance (18 million won);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that although the nature of the crime in this case is not good, the defendant shows his misunderstanding while making a confession, the defendant has agreed

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