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(영문) 서울서부지방법원 2014.06.20 2014고단593
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 2012, the Defendant subscribed to the five-day limit of KRW 500,00 for the payment of the credit amount of KRW 500,000 per month from October 2014 by the victim C of Seodaemun-gu Seoul, Seodaemun-gu, Seoul around June 2012, the Defendant falsely stated, “The Defendant would pay the credit amount of KRW 50,000 per month until October 2014, and would pay the credit amount of KRW 570,00 after the day on which the credit amount was transferred.” On October 2012, the Defendant entered the 15-day limit for the payment of credit amount of KRW 50,000 at the same place where the victim

However, in fact, the Defendant did not have any intention or ability to pay the fraternity money properly since the card payment was delayed since he joined the above two circles, and the fraternity money was required to receive cash service, and thus, the Defendant did not have any intention or ability to pay it properly.

Nevertheless, on January 2013, the Defendant, by deceiving the victim, received KRW 1,442,00,000 from the victim the total of KRW 1,22,280,000,00 from the victim, and KRW 26,77,00,00,00 from March 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the police interrogation protocol of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes governing receipt for account transfer;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) [1-1 year] mitigation area (the person subject to special mitigation] [decision of sentence] the victim does not want the punishment of the defendant; the defendant is the first offender; the defendant is recognized and repented; the defendant committed the crime in this case; the circumstances leading to the crime in this case, the defendant's age, character, conduct and environment, etc. are considered, and all of the sentencing conditions in this case shall be determined as ordered.

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