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(영문) 대구지방법원 상주지원 2014.06.10 2014고단90

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around July 26, 2007, the Defendant made a false statement to the victim C, who was in the family of the defendant in Seongbuk-gu, Seongdong-gu, Seongdong-gu, Sungnam-gu, 2007, that “I would make profits if I operate the Arts Center. I would make profits if I would operate the Arts Center. I would also be able to make profits double. I would like to invest approximately KRW 40 million with the opening cost. I would like to divide the profits with KRW 30% of the profits.”

However, even if the victim receives money from the victim, it is thought that it will be used as living expenses, etc., and there was no intention or ability to operate it.

The Defendant received KRW 10,00,000 from the victim, namely, from August 15, 2008, the sum of KRW 368,80,000,000,00 from the victim by the same method as the list of crimes in attached Form 1, as well as from August 15, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant statutory provisions for facts constituting an offense and the reasons for sentencing under Article 347(1) of the Criminal Act for the selection of a sentence [Determination of a sentence] Sentencing : Fraud / General Fraud / No type 1 (less than KRW 100 million) of the Criminal Act (the area of recommendation and a sentence of recommendation] [the area of recommendation and a sentence of recommendation] aggravation / six months through one year / six months [whether suspended execution is suspended] Major reasons for entry: The main reasons for entry into an unagreement: Taking into account the scale of substantial damage;

2. Although the defendant did not have the same criminal record in the decision of sentencing, the sentencing guidelines shall be taken into consideration the following factors: (a) the defendant did not have the same criminal record; (b) the victim obtained the victim by deceiving the victim of the damage amount generated through various arba, thereby suffering from bad credit and suffering significant mental impulses; and (c) the damage recovery was not properly achieved; and (d) the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime.