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Reasons
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(영문) 수원지방법원 평택지원 2013.07.05 2013고단148
사기
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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On March 3, 2011, the Defendant told the victim E of the D Magaz in Ansan-gu, Seocho-gu, Seoul, that “The Defendant lent money to the employees flag and borrowed KRW 55 million from the interest that would be paid to flag.”

However, the fact did not have the intention or ability to repay even if it borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 25 million from the victim around April 8, 201, and KRW 30 million around April 22, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes concerning the details of an investigation report ( Results of execution of a warrant of search, seizure and inspection);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and grounds

1. Type 1 (less than KRW 100,00) (Scope of a sentence of recommendation) (limited to a sentence of less than KRW 100,00), which is set forth in the sentencing criteria: six months to one year and six months; and

2. In light of the fact that the value of the property acquired by the Defendant by deception is not a little value, that is not agreed with the victim, and that the damage has not been recovered (the Defendant asserts that the victim has repaid the amount of KRW 16 million to the victim, but there is no evidence to prove that the victim has repaid the remaining amount of money after excluding the amount of KRW 7.2 million recognized as the victim was paid as interest), while the Defendant has been punished two times by frauds, the sentence against the Defendant is inevitable.

However, in consideration of various sentencing conditions, the sentence shall be determined like the order, such as the fact that the defendant has mistakenly recognized and reflected, that the defendant deposited KRW 2,00,000 for the victim, that the defendant has no criminal records exceeding the fine, etc.

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