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(영문) 인천지방법원 2014.10.01 2013고단6822
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 17, 2008, the defendant was sentenced to two years in Seoul High Court to a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the above judgment was finalized on February 26, 2009.

The Defendant maintained a separate kind of relationship with the victim C and D couple, and the victim was still unable to repay the amount of KRW 140 million on or around May 11, 2007 through the Defendant’s wife, while taking advantage of these friendships, the Defendant was exposed to and dismissed from the audit if he was unable to repay the amount of KRW 55 million to the victim C through the Defendant’s wife on or around May 11, 2007. The Defendant borrowed the amount of KRW 100,000,000 from the Defendant’s wife. The Defendant borrowed the amount of KRW 55,00,000 from the Defendant’s wife. The Defendant borrowed the amount of KRW 55,00,000 from the Defendant’s wife.

However, the defendant was found to have embezzled the amount of KRW 900 million from a company where the defendant was in office at the time and was urged to pay the amount by the company. On May 10, 2007, E company was held and dismissed by the disciplinary committee of the defendant. And F, other creditors of the defendant, was thought to have lent money from the victim to F.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness C and D;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement by the prosecution against C;

1. Statement made to D by the police;

1. Investigation reports, filing of disciplinary documents, and filing of investigation reports;

1. Previous convictions: Application of respective Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Although the amount of damage caused by the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Procedure Act is a large amount, the defendant does not fully pay the damage to the victim.

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