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(영문) 서울중앙지방법원 2015.09.10 2014고정4914
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 14, 2013, the Defendant was sentenced by the Seoul High Court to seven years and six months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape), perjury, etc., and the judgment became final and conclusive on March 28, 2013. On November 8, 2013, the Seoul High Court sentenced one year and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.) at the Seoul High Court, and the judgment became final and conclusive on November 16, 2013.

On November 15, 2010, the defendant called 32,000,000 won as a worker because he gets 32,000,000 won a year as a worker by putting a telephone at the Gangnam branch of the Victimsan and the Loan Co., Ltd. at the Gangnam branch. However, even if he gets 32,00,000 won a loan from the victim, the defendant did not have the intention or ability to repay it.

The defendant received 3,000,000 won from the victim and acquired it by fraud.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. A letter of order to submit a report to the NE Evaluation Information Company;

1. A complaint;

1. Each investigation report (to hear statements by telephone who is a suspect's complaint);

1. Previous convictions: Application of statutes to the Seoul High Court Decision 2012No3378, 2012No275 (Consolidated), Seoul High Court Decision 2013No1570, and reporting confirmation of separate judgments;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The crime of this case was committed under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes [the crime of this case was committed before the judgment on the crime of organizing an organization, etc. becomes final and conclusive, but according to the evidence submitted by the prosecutor, the defendant was sentenced to four months of imprisonment with prison labor for an injury in the Cheongju District Court Chocheon Branch on July 6, 2010, and was recorded separately in the first head of the crime of this case.

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