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(영문) 수원지방법원 여주지원 2014.05.16 2013고단698
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 27, 2010, the Defendant was sentenced to six months of imprisonment and a fine of two million won for fraud, etc. in the Gwangju District Court's Netcheon Branch on August 27, 2010, and completed the execution of the sentence in the Gwangju Prison on November 27, 2010.

The defendant became aware of the victim B who operated the secondhand property while performing the removal-related work.

1. On March 26, 2012, the Defendant made a false statement to the victim “on the basis of the need to pay money to the Plaintiff for the play of money.” On the other hand, the Defendant made a false statement to the victim “on the other hand, after one month, to be repaid with interest of 20% per month after one month.”

However, even if the Defendant borrowed money from the victim, he did not think of the lending to another person, and was thought to use it as a cost of living because of no good economic situation at the time, and even if he borrowed money from the victim, he did not have any intention or ability to pay the money in one month.

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the account under the name of the Defendant in the name of the same day on the same day.

2. The defendant has committed the same harm;

4. 4. From the fluoral land to the above victim, the victim made such a false statement.

However, even if the Defendant borrowed money from the victim, he did not think of the lending to another person, and was thought to use it as a cost of living because of no good economic situation at the time, and even if he borrowed money from the victim, he did not have any intention or ability to pay the money in one month.

The Defendant, by deceiving the victim as above, received 500,000 won from the victim to the account under the name of the Defendant for the same day.

Summary of Evidence

1. Second police interrogation protocol against the accused;

1. The police statement concerning B;

1. Reporting on investigation (Submission of a suspect's list of transactions);

1. A written confirmation of the results of electronic financial transfer;

1. Previous convictions: References to criminal records, written rulings and current status of confinements;

1. Criminal facts;

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