(영문) 청주지방법원 2020.02.07 2019고단1857

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자간(%)

(영문) 청주지방법원 2020.02.07 2019고단1857

사기

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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On November 30, 2016, the Defendant made a false call to the victim B at a place that is not known to the Defendant, stating that “I would pay back immediately as I would have lent money.”

However, at the time of fact, the defendant was operating a beauty room, but he was responsible for the debt of KRW 100 million, and even if he borrowed money from the victim with a considerable amount of monthly interest and living expenses, he did not have any intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victim, received KRW 1 million from the victim to the C Association (D) account in the name of the Defendant on the same day.

2. On December 8, 2016, the Defendant concluded that “Around December 8, 2016, the victim’s dormitory working for the victim in Jincheon-gun E, Jincheon-gun, “I will change the name of the loan and treat the interest in full after three months, if I have borrowed the loan with no cost to undergo an operation.”

However, the defendant was expected to use most of the borrowed money from the victim to repay other debts, and the defendant did not have the intent or ability to repay the borrowed money to the victim for the same reason as stated in paragraph (1).

Nevertheless, the Defendant, by deceiving the victim, was transferred KRW 21,98,00 from the victim to the C Association (D) account under the name of the Defendant for the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of the specifications of transactions of self-reliance deposits;

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding the crime, Article 347(1) of the selection of punishment, and Article 347(1) of the Criminal Act, the amount of fraud and the degree of deception of the reason for sentencing of imprisonment cannot be deemed to be somewhat weak: Provided, That the primary and depth reflects on the crime, and other punishment as ordered shall be determined in consideration of the Defendant’s age, character and conduct, intelligence and environment, relationship to the victim

참조조문

-형법 제347조 제1항

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