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(영문) 대구지방법원 포항지원 2017.07.13 2017고단572
사기
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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 26, 2014, the defendant is expected to complete the construction of a building in the golf practice hall operated by the victim C (54 e.g., the victim C (54) located in Busan coastal Port B (S) around Busan.

Therefore, the current personnel expenses and business operation expenses will be repaid in one month from the loan of the mother and child.

“A false representation was made.”

However, in fact, the defendant did not have been constructing a new building at the time of port, and even if he received money from the injured party, he thought that he would pay his personal debt and use it as the cost of living, and did not have any intention or ability to repay it.

The Defendant was transferred from the injured party the sum of KRW 10 million on the same day, KRW 10 million around October 17 of the same year, KRW 20 million around November 18 of the same year, KRW 50,000 around December 14 of the same year, KRW 1 million around the same month, KRW 8 million around the same month, KRW 49,50,000 in his/her post office account (D) under the pretext of borrowing money from the injured party.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a loan certificate and a statement of account transfer;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud (less than KRW 100 million)

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