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Reasons
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(영문) 대전지방법원 2016.06.01 2016고단827
사기
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2015, the Defendant: (a) purchased premium of KRW 45 million and KRW 10,000,000; (b) however, due to the shortage of funds, the Defendant would bring about the transferor of a marina-type shop sales card instead of paying the premium immediately; (c) borrowed approximately KRW 40,000,000 from the land for internal interior interior test, and (d) it was difficult for the Defendant to normally conduct a marina-dong shop. Therefore, the Defendant did not have any intent or ability to pay the premium if he borrowed money from others.

Nevertheless, on May 9, 2015, the Defendant would pay interest of 13% per month if he/she lends 3 million won to the victim D who is an employee in C, which is operated by the Defendant located in the Daesung-gu building 403 in the Daesung-gu Seoul Special Metropolitan City (U.S.) around May 9, 2015 and repay the principal within three months.

A false statement and the victim received 3 million won from the victim.

In the same manner, the defendant

5. 14. Minority KRW 15 million, and the same year.

5. 20 million won, around 19.1 billion won, for the same year.

6. 15. Around 15.2 million won, and the same year.

6. 23. Around 23. 3 million won was remitted respectively from the injured party.

Accordingly, the defendant acquired the total of KRW 43 million from the above victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record exceeding a fine, the fact that the intention of defraudation seems to be somewhat weak, and the fact that it is against the will, etc.);

1. The community service order under Article 62-2 of the Criminal Act;

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