(영문) 수원지방법원 2019.08.27 2019고단1358

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(영문) 수원지방법원 2019.08.27 2019고단1358

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 became final and conclusive.

Reasons

Punishment of the crime

In around 2013, while the Defendant was working as “gld” at a golf course located in Sungsung-si, he maintained his friendship with the victim B, and was paid from April 2017 to the victim.

On September 13, 2017, the Defendant stated to the effect that, within the victim of the neighboring parking lot of Gwangju IC located in the upper Macheon-ri in the Gyeonggi-si, Gwangju-si, Gwangju-si, the Defendant agreed to operate the same with the victim. When lending KRW 70,00,00, the Defendant would receive the loan by being entrusted with the machinery, etc. of the screen golf course as security and receive the loan.

However, at the time of fact, the Defendant did not think of lending money from the victim to C who operates a screen golf course, but did not intend to operate the screen golf course with C, etc., and was not equipped with a screen golf course to be offered as a security, and thus, the Defendant could not receive a loan as security. Moreover, even if the Defendant borrowed money from the victim as above because there was no specific property or income, other than interest income on the money lent to C, the Defendant did not have any intent or ability to repay the money.

Nevertheless, around September 14, 2017, the Defendant, by deceiving the victim as above, received 70 million won from the victim to the post office account (D) in the name of the Defendant and acquired by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on the receipt of loans and account transactions;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (not less than the amount of punishment, but less than the amount of punishment, it shall be taken into consideration, such as the fact that the amount of punishment is against mistake, the fact that the victim has agreed smoothly with the victim, and the fact

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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