(영문) 서울서부지방법원 2014.08.13 2014고단412

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(영문) 서울서부지방법원 2014.08.13 2014고단412

사기

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 20, 201, the Defendant made a false statement to the victim C, “If he/she lends money of KRW 30 million to the victim C, he/she will make reimbursement after two to three months after the lapse of two to three months.”

However, at the time, the Defendant did not have any intent or ability to pay the debt normally even if he borrowed money from the victim due to the lack of a certain amount of income.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the new bank account (Account Number D) in the name of the Defendant on the same day.

2. On October 27, 2011, the Defendant concluded that “The Defendant would combine the victim’s money with KRW 25 million to settle the occurrence of a day, and to repay the money by the end of December 2011 before lending the money.”

However, even if the defendant borrowed money from the victim as above, he did not have the intention or ability to pay it normally.

The Defendant, as such, by deceiving the victim, received from the victim the remittance of KRW 17 million to the new bank account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the overall sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, and environment; and (b) the recommended sentence specified in the sentencing guidelines shall be determined by comprehensively taking into account

The Defendant made a confession of all the crimes of this case.

B. On March 21, 1996, the Defendant did not have any specific criminal power except that sentenced to a fine for violating the Act on the Regulation of Amusement Businesses Affecting Public Morals.

(c).

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