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(영문) 서울중앙지방법원 2017.08.09 2017고단842
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was operated by the former wife of the Defendant located in Yeongdeungpo-gu Seoul Metropolitan Government around November 21, 2014.

C In real estate, "I must have monthly income because I have three years of annual income."

I would like to complete the officetel in the case of borrowing 20 million won to you. It would be 1 to complete the officetel.

In addition, I will give 300,000 won monthly interest.

“A false statement” was made.

However, even if the defendant borrowed money from the injured party, the defendant did not have the intent or ability to pay the money, and was planned to use the money borrowed from the injured party for the bicycle racing fund.

As such, the Defendant: (a) by deceiving the victim; (b) received a cash delivery of KRW 20 million from the victim on November 21, 2014; and (c) around March 16, 2015; and (d) received KRW 10 million from the victim on March 16, 2015; and

5. Around 31.31. Around the same year, a total of KRW 50 million, including KRW 10,000,000,000, around July of the same year, was obtained and acquired through cash delivery.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A copy, etc. of the loan certificate and name card;

1. Application of Acts and subordinate statutes to a criminal investigation report (D telephone conversations and absence of high quality investigation, the complainants);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud (less than KRW 100 million) of the mitigated area (one month to one year), [special mitigated person] the defendant's age, sexual behavior, power, motive, motive, amount of damage, circumstances after the crime, etc., including the fact that the defendant's age, sexual behavior, motive, damage, damage, etc. is agreed upon with the victim, shall be determined as per the disposition.

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