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Reasons
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(영문) 광주지방법원순천지원 2020.12.10 2020고단466
사기
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A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant had been well aware of the victim B and that he was working in an influorous steam in the vicinity of the Seo-gu, Daejeon.

1. On October 28, 1997, the Defendant would lend KRW 10,00,000 to the victim's residence in Seo-gu Daejeon, Seo-gu, Daejeon without any intention or ability to repay to the victim, and will make a full payment on a 130,000 won per 10,000 won per day without any molding the victim's intention or ability.

“Falsely speaking, the victim received KRW 2.6 million in cash on the same day from the victim. On October 29, 1997, the Defendant received KRW 10 million in total from the commercial bank account in the name of the Defendant, such as receiving KRW 7.4 million from the commercial bank account in the name of the Defendant. Around December 19, 1997, the Defendant received KRW 10 million in cash as the borrowed money, without the victim’s intent or ability to repay to the victim, on or after the E coffee shop, where it is impossible to know the Seoul Gangnam-gu D address, and received KRW 1.3 million in total from the victim as the borrowed money, without the victim’s intent or ability to repay to the victim.” On or after December 19, 1997, the Defendant received KRW 6.5 million in cash on the same day, and received KRW 1,655 million in total, such as receiving KRW 935 million in the name of the F.

3. On December 26, 1997, the Defendant, without the victim’s intent or ability to repay to the victim at the victim’s residence located in Eunpyeong-gu Seoul Metropolitan Government, saying, “I will pay 1.3 million won per day of 10 million won per day, and I will pay 1.3 million won per day of 10 million won per day of 100 days. I received 1.3 million won in cash from the victim. On December 29, 1997, the Defendant received 1.3 million won in cash from the victim’s commercial bank in the name of the Defendant, such as receiving 8.7 million won from the commercial bank in the name of the Defendant.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police written statement to B and the law of the head of Tong;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, the choice of imprisonment for a crime shall be made.

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