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(영문) 부산지방법원 동부지원 2012.11.28 2012고단2257
사기
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A defendant shall be punished by imprisonment for four months.

The defendant shall pay 18,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On August 2, 2011, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 20 million as a mobile phone text message to the victim C, who is a relative employee of the Defendant, he/she would be repaid KRW 30 million with interest KRW 10 million in the two months at the latest within one month, at the latest.”

In fact, there was no intention or ability to repay even if the victim borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the Agricultural Cooperative Account (Account Number: E) in the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Articles 25, 31(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (the amount obtained by deducting KRW 2 million remitted to the victim on November 27, 2012 by the defendant from the amount of KRW 20 million acquired through deceit);

1. The sentencing grounds of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution are as follows: (a) on June 18, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for fraud in Busan District Court’s Dong Branch Branch Branch Branch of the Busan District Court for a period of five months; and (b) on June 26, 2010, the judgment became final and conclusive and conclusive on June 26, 2010; (c) instead of being aware of the fact that the crime of this case was committed by deceiving the victim of KRW 20 million; (d) the Defendant paid the victim KRW 2 million as compensation for damage; and (e) the fact that the current health condition is not good

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