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(영문) 서울중앙지방법원 2015.01.21 2014고단8322
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from February 2013 to October 201 of the same year, was between the victim C (n, 22 years of age) and the return.

The defendant did not have the ability to repay the debt even if he borrowed the debt of 40 million won or more at the time.

1. On May 9, 2013, the Defendant stated that “Around May 21, 2013, the Defendant would have to pay the victim a full payment for six months if he/she received a credit card loan from the victim in the Gangseo-gu Seoul Special Metropolitan City, which is located in the Dong-gu, Gwangjin-gu, Seoul Special Metropolitan City.”

The Defendant received 7 million won from the victim to the Defendant’s national bank account (D) in the form of money borrowed from the victim.

2. The defendant has committed the same harm;

7. 1. Around December 201, the Defendant, who operated the Gyeonggi-gu Gyeonggi-gun Group, concluded that “Around December 2013, if an installment savings deposit of KRW 10 million is due and loaned from the third financial right, the Defendant would have repaid the Plaintiff up to December 2013” to the effect that “Around December 2013, if a loan is granted from the third financial right.”

The Defendant, as such, by deceiving the victim, had the victim obtain a loan from the savings bank, such as Korea Savings Bank, Gam Savings Bank, Hyundai Savings Bank, M&C Bank, R&W Capital, and R&C, and the lending company, and then received a total of KRW 20,50,000 won, including KRW 16 million on the same day and KRW 4.5 million on the second day of the same month, from the above national bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Details of transactions by account, loan agreement, and credit transaction agreement by account;

1. Application of the Acts and subordinate statutes governing Kakaogle photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The sentencing guidelines [the range of recommendations] general fraud types 1 (less than KRW 100 million) and the mitigation area (1-1 year) (1-1 year), the punishment of a person subject to special mitigation, or the recovery of considerable damage.

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