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대전지방법원 홍성지원 2015.06.26 2015고단170

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 28, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Hongsung Branch of Daejeon District Court on the Special Cases Concerning the Settlement of Traffic Accidents and was sentenced to a two-year suspended sentence on September 5, 2013.

On January 2012, the Defendant deposited KRW 10,700,000, KRW 50,000, and KRW 50,000,000, each of which was paid to the victim E in Seocheon-gun, Seocheon-gun, Seocheon-gun, for the first time, the Defendant paid KRW 10,00,00 in total, KRW 10,700 in total, KRW 10,000 in total, KRW 3 in total, KRW 10,300, KRW 4 in total, and KRW 8,60,00 in total, KRW 50,00 in total, and KRW 50,00 in total, and KRW 50,00 in total, on the date of receipt of the limit amount.”

However, in fact, the Defendant did not have any particular property and was unable to pay interest on KRW 220,00,000,000, which was loaned from the Suhyup as a distribution business at the time, and was organized with a serial system to repay the above debt. The Defendant was unable to pay the fraternity monthly after he first received the fraternity as a main owner, and there was no intention or ability to pay the fraternity to the victim even if he was paid the fraternity by the victim even if he was paid the fraternity from the victim.

The Defendant received KRW 71,60,000,000, in total, from the victim E, around January 26, 2012, around July 26, 2012, around January 26, 2013, around January 26, 2013, as KRW 17,90,000, around July 26, 2013, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Previous records of judgment: Criminal records and application of statutes governing judgment;

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

1. The defendant's reasons for sentencing in the latter part of Article 37 and Article 39 (1) of the Criminal Code for concurrent crimes are the victim.