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Reasons
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(영문) 춘천지방법원 원주지원 2018.11.07 2018고단708
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant needs to pay the card price to the victim B from the ordinary land.

On February 20, 2016, a false statement was made to the effect that a mutual savings bank signed a mutual savings bank and paid an advance payment of KRW 5 million.

However, in fact, the Defendant did not pay the amount equivalent to five million won in arrears of the personal card that occurred on November 201, 2010, and did not have any economic situation due to the obligation of 20 million won in personal debt. Ultimately, the Defendant was decided to commence the individual rehabilitation around April 28, 2015 and was under the decision to authorize the individual rehabilitation on October 21, 2015, and had no intention or ability to pay the credit amount normally even if he was paid the credit amount in advance from the injured party.

The Defendant, by deceiving the victim as above, received KRW 3 million around December 7, 2015, KRW 2 million around December 10, 2015, KRW 5 million, and KRW 5 million in total from February 20, 2016 to February 20, 2017, by joining the 5.88 million each month from February 20, 2016 to February 20, 2017, and by inducing the victim to pay KRW 4.64 million on behalf of the Defendant, thereby obtaining pecuniary benefits equivalent to the same amount.

In addition, even if the Defendant joined the seven sequences system from April 25, 2017 to around April 25, 2017, and received a total of KRW 55 million from the injured party as an accounting deposit, the Defendant did not pay KRW 55,80,000 out of the Defendant’s deposit, thereby obtaining pecuniary benefits equivalent to the same amount by inducing the injured party to pay KRW 55,080,000 in substitute.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the prosecutor with respect to B;

1. Each police statement made with respect to B or D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Aggravation concurrent crimes;

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