(영문) 창원지방법원 2017.9.27.선고 2017고단1120 판결

The Defendant shall be punished by imprisonment with prison labor for one year and eight months and by two months for the crimes of No. 2 of the judgment. The Defendant shall pay to the applicant for compensation the amount of KRW 94.5 million which is not returned by the defrauded and damages for delay at the rate of 5% per annum from September 27, 2017 to the full payment date.

The above compensation order may be provisionally executed.

57,800 won of the costs of lawsuit shall be borne by the defendant.

Reasons

Criminal facts

【Criminal Power】

/Article 1

○ instant case: Changwon District Court Decision 2015, 5 19 decided fraud

○ Judgment: 2 years of suspended sentence of imprisonment for 8 months;

○ Progress: Before May 27, 2015, which became final and conclusive by the Decision No. 2

○ instant case: Changwon District Court Decision on August 24, 2016 (the occurrence of fraud, etc. from January 27, 2015 to May 4, 2015)

○ Judgment: Imprisonment with prison labor for ten years; two years;

○ Progress: November 25, 2016 Final Judgment

* The past record, including the above-mentioned past record, has been punished for fraud five times in total.

【Criminal Facts】

1. Fraud;

(a) Victims C

Around March 2015, the Defendant: (a) conspireded with the Victim C; (b) committed the act as if he were aware of the fact, even though he was a father-Nam with two children; (c) committed the act as having two children; and (d) committed the act as having a direct possession of an apartment and an officetel even though he was not an employee of the Egyptive Center, and had a refluence as if he was in possession of an apartment and an officetel, and

On June 2, 2015, the Defendant made a false statement to the effect that, in H office G located in Changwon-si G, an employee who works at the H office that referred the victim to the “victim,” asked for provisional payment. However, the Defendant made a false statement to the effect that the Defendant would make payment after lending KRW 1.5 million.

However, at the time, there was no employee requesting provisional payment from the defendant, and there was no intention or ability to repay the debt amounting to 80 million won as well as the bad credit holder.

As such, the Defendant, by deceiving the victim, received KRW 1,500,000 from the victim to the Agricultural Cooperative Account under the name of the Defendant, as the loan money, and acquired KRW 104,50,000 in total over 16 times from around that time to January 21, 2016, as shown in the list of crimes in the attached Table.

(b) Victims J.

On October 2016, the Defendant made a false statement to the effect that the Defendant would take over a vehicle after paying the dividend of KRW 1 million every month to the victim J by purchasing the vehicle necessary for the director when lending KRW 30 million to the victim J. However, even if the Defendant borrowed money from the victim, it was thought that it would be used as a means of living expenses and personal debt repayment, and there was no intention or ability to purchase the vehicle.

As such, the Defendant, by deceiving the victim and deceiving the victim from the victim to the Agricultural Cooperative Account under the name of the Defendant, acquired 30,000,000 won in total from each remittance of KRW 10,00,000 on November 1, 2016, and KRW 20,000 on November 3, 2016 from the victim to the money borrowed.

2. Definating;

On December 24, 2016, around 04:10 on December 24, 2016, there are several persons, including taxi officers, around the 3-18 Slim Public Security Center, and taxi officers, around 417-18-gil, etc., the Defendant publicly insulting the victim of the crime by publicly insulting the victim, who is a police officer belonging to the K District District of the Changwon Police Station, called "the 39-year police officer belonging to the K District of the Changwonwon Police Station," who was dispatched after receiving 112 reports that he / she gets involved in the disturbance, such as taking a bath to the taxi officer, etc.

Summary of Evidence

1. The defendant's partial statement (Provided, That with respect to the crimes of paragraphs (a) and (2), the legal statement of the court shall be based on the witness J);

1. Each complaint;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1) and 311 of the Criminal Act; Imprisonment with labor

1. Handling concurrent crimes;

The latter part of Article 37 of the Criminal Act (it does not apply Article 39 of the Criminal Act according to the purport of the Supreme Court Decision 2014Ma469 Decided March 27, 2014)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Compensation order and provisional execution;

Articles 25 and 31 (Recognition of Liability of Defendant for Compensation)

1. Bearing litigation costs;

Article 186 (Expenses Incurred in Travel and Daily Allowances Paid to Witness J)

The reason for sentencing (when the sentencing criteria are not pronounced as a separate sentence)

In the case of imprisonment with prison labor: imprisonment with prison labor for two years and for four months: imprisonment with prison labor for one year and eight months and two months; and

○ Aggravated Cause: Reoffending (same type), serious reflective necessity, recovery from injury, etc. during the period of probation.

○ Grounds for mitigation: Partial confession (crimes 1-A. and 2-A.) and partial deposit for Victim C (No. 10 million won as of April 10, 2017).