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(영문) 창원지방법원 진주지원 2013.04.23 2012고단2049
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 3, 2006, the Defendant told the victim E in the D market located in Songpa-gu Seoul, Songpa-gu, Seoul, to the effect that “I want to raise any more, but if I want to lend money short of capital, I will divide the profits.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Around March 10, 2006, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant.

In addition, the Defendant, by deceiving the victim by the same method, was transferred from the victim to the above Agricultural Cooperative Account in the name of the Defendant on July 2, 2006, KRW 10 million around August 14, 2006, KRW 5 million around August 25, 2006, and KRW 5 million around August 25, 2006, respectively, to the said Agricultural Cooperative Account in the name of the Defendant, and received KRW 40 million around February 5, 2007, and received KRW 5 million from the said account in the name of G around February 6, 2007.

Summary of Evidence

1. Legal statement of the witness H;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A statement of account transactions in the Agricultural Cooperatives;

1. Each letter;

1. Application of the Acts and subordinate statutes on the account transactions in the H bank account;

1. Relevant Articles of the Criminal Act and the reasons for sentencing under Article 347 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Type 1 of general fraud (less than 100 million won) from among the fraud crime group;

(b) A special breeder: No person;

(c) Scope of recommendation: Imprisonment with prison labor for not less than six months but not more than one year and six months;

2. The sentence shall be sentenced in the same way as the sentence, in consideration of the source of damage caused by the determination of the sentence, the degree of damage caused by the sentence, the fact that most damage has not been recovered, and the circumstances after the locked crime, etc.

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