(영문) 수원지방법원 안산지원 2016.10.14 2016고단2102

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(영문) 수원지방법원 안산지원 2016.10.14 2016고단2102

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. Around December 17, 2013, the Defendant made a false statement to the effect that “If the Defendant lends KRW 40 million to the victim E who is the seat of C, he/she will pay the second installment interest every month.”

However, in fact, the defendant did not have the intent or ability to pay the principal and interest normally even if he borrowed money from the victim due to the economic difficult situation, such as the commencement of the auction on the apartment living at the time of the commencement of the auction and the failure to prepare for living expenses due to no particular income.

Nevertheless, the defendant deceivings the victim through C, which is, from the victim to the account in the name of husband F for the loan from the victim, the defendant acquired 40 million won from the victim to the account in the name of husband F.

2. On March 21, 2014, the Defendant made a false statement to the effect that “A director is expected to be paid with interest twice per month if a 30 million won deposit is lent to her mother and child,” at the medical equipment retail shop located in Gwangju-si D through the above C, and that “A director is expected to be paid without mold if a her mother and child loan is made.”

However, in fact, the defendant had no intention or ability to pay the principal and interest normally even if he borrowed money from the victim, in the state that the apartment house living at the time was sold to others by auction and the director of the apartment house with a deposit of KRW 30,000,000 has to become an apartment house with no particular revenue and property.

Nevertheless, the defendant deceivings the victim through C, which is, from the victim's seat to the account in the name of the defendant in the name of the victim, acquired 30 million won by transfer from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on financial transaction details;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment.

참조조문

-형법 제347조 제1항

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