2012 Highest 3095 Fraudulent

조ㅇㅇ ( 59 - 2 ), ㅇㅇ

Residential Jeonbuk-gu;

Jeonbuk-ju District in the place of registration

Won-hee (prosecutions) (Court of First Instances), J. B. (Court of Second Instances)

Attorney Park Shin-young (Korean, Counsel for the defendant-appellant)

October 8, 2012

A defendant shall be punished by imprisonment for a term of one year and two months.

Facts of crime

피고인은 서울 구로구 ㅇㅇㅇ 동 ㅇㅇㅇ - ㅇㅇ에서 " ㅇㅇ자원 " 이라는 상호로 고물상을 운영하는 사람이다 .

The Defendant, at the time, has reached approximately KRW 480,000,000 and monthly income of KRW 10,000,000,000, while the expenditure was about KRW 50,000,00,000, and was appropriated for operating funds on the above property by borrowing money from the other, and thus, the Defendant did not have the intent or ability to pay the borrowed money even if he borrowed money from the other, with the intention or ability of the victims to take the abolition collected on the above property and there was a known face with the victims, the Defendant would receive money by borrowing money using the fact that the victims had no intention or ability to pay the borrowed money.

1. 피해자 송ㅇㅇ ( 83세 ) 에 대한 사기

가. 피고인은 2011. 9. 27. 16 : 00경 위 ㅇㅇ자원 고물상에서 피해자에게 " 3, 000만 원을 빌려 주면 원금은 6개월 후에 변제하고, 매월 이자로 100만 원을 지급하겠다 " 라고 거짓말하여 이에 속은 피해자로부터 그 자리에서 차용금 명목으로 3, 000만 원을 교부받아 편취하였다 .

B. On November 21, 2011, the Defendant made a false statement to the victim in the same manner at the same place, and acquired 30 million won from the victim’s place and acquired it by deception.

C. On March 13, 2012, the Defendant made a false statement to the victim in the same manner at the same place as the victim, and then acquired KRW 10 million from the victim’s place and acquired it by deception.

As such, the Defendant, by deceiving the victim, obtained a total of KRW 70 million through three times.

2. 피해자 김ㅇㅇ ( 73세 ) 에 대한 사기

A. On December 3, 2011, the Defendant: (a) borrowed money from the victim at the same place on the same property at the same time without a mold if it is necessary to pay the interest during the lending of money due to a shortage of operating expenses on the property in Korea; and (b) obtained KRW 5 million from the victim and obtained money from the victim on the same page.

B. On January 3, 2012, the Defendant, by deceiving the victim in the same manner at the same place, was obtained from the victim and acquired five million won in the same place.

C. On February 3, 2012, the Defendant, by deceiving the victim in the same manner at the same place, and by deceiving the victim, obtained three million won from the victim’s place and obtained it from the victim.

D. On March 3, 2012, the Defendant, by deceiving the victim in the same manner at the same place, and by deceiving the victim, obtained KRW 8 million from the victim’s place and obtained it from the victim.

E. On March 20, 2012, the Defendant, by deceiving the victim in the same manner at the same place as in the same manner, obtained 4 million won from the victim and acquired 4 million won in the same place.

As such, the Defendant, by deceiving the victim, acquired 25 million won from the victim on five occasions.

3. 피해자 김ㅇㅇ ( 71세 ) 에 대한 사기

A. On March 31, 2012, the Defendant borrowed money to the victim at the same place as “A”, at the same time, the Defendant: (a) provided 2.5% of the interest amount per month; and (b) received 29 million won from the victim to receive the principal from the victim at any time if necessary to repay the principal; and (c) obtained the money from the victim at the same place. On March 31, 2012, the Defendant acquired the money from the victim at the same place, “if the money is lent, the interest rate shall be 2.5% per month; and (d) the principal shall be paid 50,000 won per month from January 30, 2013 to the sum of the principal borrowed.”

As such, the Defendant, by deceiving the victim as such, obtained 3,90,000 won from the victim on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including the whole part of examination);

1. 이ㅇㅇ에 대한 경찰피의자신문조서

1. 김ㅇㅇ, 송ㅇㅇ, 연ㅇㅇ에 대한 각 경찰진술조서

1. Each complaint;

1. Each report on investigation;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

형법 제37조 전단, 제38조 제1항 제2호, 제50조 양형의 이유 피고인이, 고물상에 폐지를 가져와 파는 연로한 피해자들을 상대로 이 사건 사기범행을 저지른 것으로써 그 죄질이 불량한 점, 위 피해자들은 폐지를 모아 생활비에 충당하는 등 경제적으로 어려운 생활을 하고 있는 점, 그 피해금액이 1억 3천만 원 이상으로 상당함에도 피해자 송ㅇㅇ에게 1, 000만 원, 피해자 김ㅇㅇ에게 700만 원, 피해자 김ㅇㅇ에게 500만 원만을 변제하고 현재 미변제 금액이 1억 원 이상인 점 등 이 사건 범행에 이르게 된 동기와 경위, 피해 정도, 범행 후의 정황, 그 밖에 피고인의 연령, 성행, 전과, 가족관계 등 여러 가지 양형의 조건들을 종합하여 주문과 같이 형을 정한다 .

Judges Jeon Soo-tae