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Reasons
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(영문) 광주지방법원 목포지원 2013.04.16 2012고단1967
사기
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 14, 2007, the Defendant made a false statement that “The Defendant would continue to pay KRW 200 million to the victim C in the vicinity of the Daegu-gu D public bath. It is necessary to operate a broadcasting business by moving to the GIC. The Defendant borrowed KRW 200 million to the GIC.” The Defendant made a false statement that “The Defendant would continue to pay KRW 400 million to the victim C within six months after he/she borrowed the 200 million loan to the GIC.”

However, even if the defendant borrowed money from the victim, he/she did not have the intention or ability to pay the principal amount of KRW 200 million within six months after proceeding with the North Korean shipping business or broadcasting business.

The defendant received 200 million won from the victim to receive the money from the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (attached to details of transactions, etc. remitted to suspects);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant recognized the crime of this case at the latest, the fact that the defendant agreed with the victim,

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32 (1) and (2), and Article 25 (3) 3 and 4 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is unclear and it is recognized that the compensation order is not reasonable in the criminal procedure);

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