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(영문) 수원지방법원 성남지원 2018.03.21 2016고단2683
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 28, 2015, the Defendant: (a) lent KRW 30 million to the victim C, who was known to the Defendant at the office of Seocho-gu Seoul, Seocho-gu, Seoul; (b) borrowed KRW 30 million to the victim C, who was aware of the amount of capital of the corporation; (c) then, (d) transferred KRW 30 million to the account of the Defendant’s name of the Defendant on August 31, 2015; and (d) transferred KRW 30 million to the victim who urged the return of the principal by telephone on September 15, 2015; and (d) lent KRW 30 million to the victim who was urged to return the principal by telephone on September 15, 2015; and (d) borrowed KRW 30 million from the victim to re-established the amount of KRW 30 million,000,000,000,000,000 to KRW 70,00,00.

However, even if the defendant receives money from the injured party, the defendant did not have any intention or ability to pay the money because he was planned to use the money for the purpose of personal debt repayment, etc.

On October 2, 2015, the Defendant received KRW 30 million from the victim to the above bank account of the Defendant on October 2, 2015, and transferred KRW 19 million on October 5, 2015.

Accordingly, the defendant was given property worth 49 million won by deceiving the victim.

Summary of Evidence

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

1. Statement made by the police against C;

1. Certificates of custody, instruments of payment in cash;

1. Application of Acts and subordinate statutes to the submitted reference materials (Attachment of transaction specifications);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (the person who is subject to special sentencing) of the sentencing criteria;

2. One year of imprisonment with prison labor for a ruling of sentence (public prosecutor’s opinion).

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