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Reasons
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(영문) 제주지방법원 2018.05.14 2017고단2686
사기
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 2013, the Defendant loaned the principal of KRW 10 million to the injured party B in the vicinity of the Bupyeong-gu Incheon Bupyeong-gu square around 16, Bupyeong-gu, Incheon, and the principal shall be repaid after six months, and interest shall be paid KRW 700,000 per month.

“A false representation was made.”

However, the defendant had a debt of approximately KRW 45 million, including the debt of female C living together, and there was a need for approximately KRW 12 million with the above amount of the funeral expenses. Monthly income was merely KRW 1.8 million and there was no intention or ability to repay it to the victim even if he borrowed money to the victim.

The Defendant, on May 22, 2013, received from the injured party the transfer of KRW 10 million from the new bank account (D) in the name of the Defendant, as the loan money, and KRW 5 million from July 2, 2013, and KRW 15 million from July 2, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. A certificate of deposit verification;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and the various conditions of sentencing specified in the instant argument are considered. In particular, the following conditions are considered: (a) reflects: (b) the victim was paid a total of KRW 4.5 million; (c) the victim was paid a total of KRW 4.5 million; (d) the victim did not have a criminal record of the same type of fraud: (e) the victim was shotbling the penalty; (e) the additional repayment was not made after filing a complaint in 2014; and (e) the remaining

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