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(영문) 서울남부지방법원 2019.02.08 2018고단2506
사기
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around September 2009, the Defendant stated that “Around September 2009, the Defendant would return two times by investing in the shares if he/she borrowed money from the company,” while giving and receiving a talk about the shares with the son in Jongno-gu Seoul Metropolitan Government.

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

As such, the Defendant, by deceiving the victim, obtained 31.8 million won in cash from September 2009 to February 23, 2010 from around September 2009, and acquired 31.8 million won in cash from around 23, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Investigation report (to hear statements from a complainant D excursion ship);

1. Application of Acts and subordinate statutes concerning stock agency, cash receipt, and loan receipt;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act and the method of the instant crime, Defendant need to be strictly punished, taking into account the unfavorable circumstances, such as the following: (a) the nature of the crime is not good; (b) the amount of damage was 318 million won; and (c) the amount of damage was not recovered for ten years after the crime; and (d) the victim

However, the court shall determine the punishment as ordered in consideration of the various circumstances shown in the records and trial process of this case, such as the fact that the defendant is led to confession, the fact that the defendant agreed with the victim late, the fact that the defendant has been punished as a crime of fraud, but the fact that the defendant has been sentenced to a fine, and there is no criminal record exceeding the fine, other favorable circumstances such as the defendant's age,

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