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Reasons
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(영문) 부산지방법원 동부지원 2017.02.13 2016고단226
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 2013, the defendant extended 2% interest of 5% per month to the victim C within the mutual infinite Do, Busan, Busan, the Busan, the Dokdong on the July 2013. The defendant is running a business with the interest of 5% per month in the commercial infinite Do, but the profitability is good.

“A false statement” was made.

However, the defendant, at the time, was in bad credit standing due to overdue financial liabilities such as KRW 1.5 million, and had no special property or income, even if he received money from the injured party, he did not have an intention or ability to pay interest or principal as agreed with the injured party.

Around July 19, 2013, around July 26, 2013, around July 2013, around August 8, 2013, around October 30, 2013, and around October 30, 2013, the Defendant, by deceiving the victim, obtained KRW 39,200,000, respectively, from the Busan Bank account (E) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against C;

1. Complaint;

1. A list of transaction records;

1. A credit report:

1. Application of Acts and subordinate statutes of each investigation report;

1. The grounds for sentencing under Article 347(1) of the Criminal Act regarding the relevant criminal facts and Article 347(1) of the Criminal Act (Selection of Imprisonment with prison labor) are as follows: (a) the Defendant denies the instant crime; (b) the victim did not repay its damage; and (c) the victim’s amount of damage is more serious.

However, considering the fact that the defendant appears to have paid some interest, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, relationship with the victim, etc., the punishment as ordered shall be determined in the same manner as the sentencing conditions specified in the trial process.

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