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Reasons
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(영문) 전주지방법원 군산지원 2014.05.15 2014고단101
사기
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A defendant shall be punished by imprisonment for six months.

except that 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

Around November 29, 2005 and June 15, 2006, the Defendant joined a fraternity organized and operated by the injured country B, but was paying the said fraternitys from other persons. Around March 29, 2006, the Defendant paid the said KRW 30,900,000 in total and KRW 64,500,000 in total and around December 29, 2006 and around 33,600,50,000 in total and around November 29, 2005, the Defendant did not have any other capacity to pay the said KRW 31,50,000 in total and around December 15, 2006, even if there was no other capacity to pay the said KRW 0,00 in total and at least 0,000 in each of the above accounts with interest accrued on June 15, 2006.

Nevertheless, around February 26, 2007, the Defendant joined two units of account No. 31,00,000 monthly payment of KRW 1,30,000 for the monthly payment of KRW 31,00,000 for the monthly payment of KRW 1,30,000 per unit of account and paid KRW 1,30,000 for each month from the receipt of the deposit money by the sequence until the completion of the fraternity. From April 26, 2007, the Defendant acquired KRW 30,300,000 from the victim around April 26, 2007, and acquired KRW 29,000,000 for the monthly payment of KRW 9,000 for the monthly payment of KRW 9,000 for the first time around October 26, 2007, and acquired KRW 300,000 for the remainder of KRW 30,000 for the first time after the receipt of the deposit money by the sequence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of police statements of B and E;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (limited to a large amount of money, a smooth agreement with the victim, and a primary offender who has no previous criminal record);

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