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(영문) 광주지방법원 2015.10.08 2015고단3231
사기
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On March 11, 201, the Defendant, a facility business entity, discussed that “The funds of the Defendant need to be paid by the Defendant to the victim” at the restaurant operated by the victim L, which was operated by the Defendant on March 11, 201.

However, the above company at the time did not have the ability to repay it as agreed even if it borrowed money from the victim because it was difficult to finance due to the failure to manage the company due to the failure to pay the amount of KRW 300 million.

As above, the Defendant, as described in the crime list, received a sum of KRW 90 million from around that time to November 30, 2012, on 12 occasions, under the same name as indicated in the following crime list, and acquired a total of KRW 12,00,000 from around November 30, 2012.

Serial Temporary damage amount (unit: 1,00,000 on March 11, 201; 200 on March 15, 2011; 3. 10,000,00 on March 15, 201; 4,000,000 on April 5, 2011; 5,000,005 on July 27, 2011; 10,000 on August 17, 201; 10,000 on August 27, 201; 10,000,7,000 on August 27, 201; 10,000 on August 28, 2012; 10,000 on the summary of evidence; 10,0000,000 on August 25, 200; 10, 2010;

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police in relation to L/M;

1. Details of account transactions and application of Acts and subordinate statutes on loan certificates;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts [the scope of recommending punishment] In light of the following: (a) there is no basic area (6 months to 100 million won) (6 months to 100 million won) [the decision of sentence] [the defendant has a criminal record of the same punishment for ten months and one time; and (b) there is no substantial damage recovery to the victim even though the amount acquired by the defendant reaches KRW 90 million in total.

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