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(영문) 광주지방법원 2015.01.27 2014고단4288
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on November 8, 201, the Defendant borrowed money from “C” located in Seo-gu, Seo-gu, Gwangju, to the victim D with “A”. There is no money to repay the borrowed money. Before the loan of KRW 20 million, the Defendant would make a full payment with KRW 1,50,000,000,000,000,000,000,000,000 won. Moreover, the Defendant made a false statement to the effect that “C will give KRW 1,50,000,000 as interest per month until he/she has paid the money.”

However, even if the above money was borrowed by the Defendant, the Defendant was thought to use the said money for personal debt repayment and the agreement amount in the assault case that is not related to the water rent repair, while the amount of debt at the time exceeds KRW 100 million, there was no intention or ability to repay it without any particular income or property.

The Defendant, by deceiving the victim, received KRW 2 million from the victim on the same day, and transferred KRW 18 million to the account in the name of the Defendant in the name of the bank.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation types, general fraud categories (less than KRW 100,000) and the basic area (from June to June); and

2. The decision-making damage has not been fully recovered, but the defendant deposited 10 million won for the victim, and the defendant has no criminal record for the same kind of crime, etc. shall be determined as the order of the defendant within the scope of the above recommended punishment, taking into account the fact that the defendant has no criminal record for

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