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(영문) 수원지방법원 여주지원 2015.11.13 2015고단836
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On December 19, 2014, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the Daejeon District Court Branch of the Daejeon District Court, and the said judgment became final and conclusive on May 8, 2015.

【Criminal Facts】

On February 2, 2013, the Defendant made a false statement to the victim C at CT Bank located in Gangnam-gu Seoul (Seoul), stating that “I will pay the principal and interest after making use of money only one week if IET Bank borrowed money for the repayment of the customer’s loans.”

However, in fact, the Defendant did not have any property at the time, paid the obligor’s debt in advance with the Defendant’s money, the credit rating of the obligor is high, thereby resulting in damage to the Financial Supervisory Service’s sanction while engaging in the business of “through exchange” under the name of receiving the difference from the Defendant’s money and receiving the difference in the fees, which led to the Defendant’s loss due to the Financial Supervisory Service’s default, making a false statement that he would pay interest within a short period of time to other persons to compensate for the loss. The Defendant’s repayment of the Defendant’s other obligation and the obligation arising therefrom was carried out by a false statement to other persons. Thus, even if the Defendant borrowed money from the victim, there was no intention or ability to pay it at once.

As above, the Defendant, by deceiving the above victim, received 35,00,000 won from the victim’s seat to the bank account (D) in the name of the Defendant, and received a total of 140,000,000 won from around that time to July 24, 2013 from the victim as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police interrogation protocol of E;

1. Statement to C by the police;

1. An authenticated copy of a notarial deed;

1. Details of transactions;

1. Details of the banks;

1. Investigation report (Submission of suspect A's details of transaction, etc. in the bank);

1. Previouss before judgment: Criminal history records, inquiry reports, investigation reports (Attachment to judgment);

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