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제주지방법원 2015.02.16 2014고단1745

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

1. Around April 6, 2010, the Defendant stated that, at the victim D’s residence in Jeju City, the Defendant would receive retirement benefits from the Defendant’s retirement, that “if the Defendant borrowed KRW 40 million to the victim, the Defendant would pay the principal to the victim one million per month.” On May 22, 2011, the Defendant would receive the payment of the principal when the Defendant retired from the existing Samsung Bio-resources.”

However, the Defendant was liable for a debt of 100 million won or more at the time, and there was a monthly disbursement of 10 million won or more at school expenses and living expenses of children, so even if receiving retirement allowances, the Defendant did not have the ability and intent to repay the borrowed money

The Defendant received 40 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant in the name of the Defendant as the borrowed money on the same day.

2. On November 13, 2010, the Defendant told the victim G who works for the branch office in the fourth floor of the E-building in Jeju, that he would have repaid 5 million won per month while working at the F branch office of the E-building, and that he would have repaid 20 million won per month.

However, the Defendant was liable for a debt of not less than 0 million won at the time, and there was no ability or intention to repay the borrowed money, since there was a monthly disbursement for children's school expenses and living expenses.

Around November 16, 2010, the Defendant received KRW 20 million from the victim as the borrowed money and acquired it through the agricultural bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes concerning specification of transactions;

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

1. Aggravation of concurrent crimes: The reasons for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: The scope of recommended sentences [the range of punishment by fraud crime group, general fraud, type 1 (less than 100 million won), basic area: imprisonment with prison labor for six months - one year and six months] and the following circumstances are favorable to the sentence as ordered.