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Reasons
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(영문) 수원지방법원 안산지원 2015.04.17 2014고단890
사기등
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A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. On January 12, 2009, the fraud Defendant made a false statement to the victim E, “If he/she lends KRW 60 million in advance payment, he/she will pay the principal and interest every month.”

However, in fact, the Defendant had a large amount of debt, such as over KRW 60,000,00,000, due to bad credit, and there was no intention or ability to repay the debt even if he borrowed money from the victim because the debt continues to increase due to credit or provisional payment while working.

The Defendant, as well as the receipt of KRW 60 million from the victim from January 12, 2009 to February 28, 201, by deceiving the victims as shown in the list of crimes (1) in the attached Form, and received a total of KRW 116.8 million from the victims over 14 times.

2. The Defendant is a person who works in the G entertainment tavern run by the victim E in Ansan-gu from January 2009 to February 2, 201, and has been engaged in the business of collecting the drinking value of customers.

On January 17, 2011, the Defendant, while receiving 1250,000 won from customer H from the above entertainment tavern, was making false statements to the victim E, and consumed them for personal purposes at will.

From that time to February 24, 2011, the Defendant arbitrarily consumed KRW 1,3377,00,000, which was paid from customers, while being kept in custody, as stated that there was a clerical error in each of the dates of the crimes listed in the annexed Table Nos. 8 and 9.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of E;

1. E prosecutorial statement;

1. Each written confirmation issued by H and I;

1. A complaint;

1. A passbook transaction statement, reply to the details of transactions without passbook, and inquiry sheet requesting the details of transactions;

1. A copy of the details of each bankbook;

1. Each investigation report by a reference witness shall hear from J telephone, and K telephone as the complainant.

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