(영문) 수원지방법원 2016.10.19 2015고단4326

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(영문) 수원지방법원 2016.10.19 2015고단4326

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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant had the intent or ability to arrange a loan to the (ju)C, the representative of which is the victim B, by deceiving the victim as if he could cause the loan, and by deceiving him as a fee.

On October 13, 2009, the Defendant reviewed the financial statements, the details of passbook transactions, and the copy of the real estate register at the D office located in Yong-si around October 13, 2009, the Defendant stated that “A loan would be available if the Defendant is a company of this level.” On October 15, 2009, the Defendant called “a fee of KRW 100,000,000 shall be changed to the fee of KRW 100,000,000,000,000,000,000,000,000,000,000 is changed to the victim’s new passbook in the name of the Eth day,” and received from the victim the money of KRW 1,00,000 from the victim.

2. Around October 21, 2009, the Defendant called the victim and called “The head of the Nonghyup Branch Office of YY did not go to C due to the audit. Upon the audit, the auditor completed the visit. The amount of KRW 10 million received prior to the completion of the audit will not be sufficient to cover activity expenses, and at the expense of the case of the loan for the head of the Nonghyup Branch, there is no need to gather the head of the Nonghyup Branch and pay KRW 2 million as meal expenses, etc. at the time of the loan.” However, even though there was no need to arrange the loan as provided in paragraph 1, it was false and later transferred KRW 2 million from the victim to the head of the Nonghyup Bank on that day, even though there was no need to arrange the loan.”

As a result, the defendant deceivings the victim and received 12 million won over two occasions under the pretext of loan fees, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of each police statement concerning B;

1. Application of statutes to the results of account transfer management;

1. Each of Article 347(1) of the Criminal Act concerning the facts constituting an offense;

참조조문

-형법 제347조 제1항

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