(영문) 대전지방법원 홍성지원 2015.05.01 2014고단732

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(영문) 대전지방법원 홍성지원 2015.05.01 2014고단732

사기

Text

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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2011, the Defendant was sentenced to imprisonment with labor for a crime of fraud in the Daejeon District Court Hongsung Branch on April 27, 201, and the said judgment became final and conclusive on July 8, 2011.

On June 27, 2009, the Defendant made a false statement to the effect that “A person engaged in the extinction work instead of having a person engaged in the extinction work” calls to the victim C, and instead, he/she made a request to lend money to him/her in good faith that he/she requires 35 million won. He/she made a false statement to the effect that he/she would allow him/her to pay the extended money after three months.”

However, in fact, the Defendant was plans to lend money from the beginning to use it for the Defendant’s personal debt repayment and delivery of fraternity money, etc. In addition, since the Defendant paid approximately KRW 9 billion interest every month in order to maintain the operating system, there was no intention or ability to repay the said money to the victim.

Nevertheless, around June 30, 2009, the Defendant, by deceiving the victim as above, received KRW 35 million from the victim’s account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A certificate of borrowing, certificate of remittance, statement of decision or decision;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the status of personal identification and confinement);

1. The defendant and the defense counsel under Article 347 (1) of the Criminal Act of the relevant criminal facts claim that there was no intention to acquire money from the victim at the time of borrowing the money;

However, according to the statement of the victim C, it is recognized that the defendant had borrowed money to the victim with the same content as that stated in the facts charged, and there is no other circumstance to suspect the credibility of the victim's statement.

In addition, the defendant's economic interest at the time of borrowing the above evidence.

참조조문

-형법 제347조 제1항

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