beta
(영문) 의정부지방법원 2018.11.23 2017고단5888

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 16, 2010, the Defendant was sentenced to one year and six months of imprisonment due to fraud, etc. at the Seoul Western District Court, and was released on September 30, 201 from the execution of the sentence by the Gisung Vocational Training Correctional Institution on September 30, 201 and passed on October 7, 201.

On May 14, 2014, the Defendant: (a) at the “D' office of the victim C’s operation in Kimpo-si, Kimpo-si, Kimpo-si, the Defendant: (b) lent money to the said victim for the use of a computer on the Internet; (c) borrowed money; (d) provided the Plaintiff with the right to sell an apartment house at the time of Kimpo-si, Kimpo-si, which was sold in Korea, as security; and (d) issued a written contract for the sale and supply of the said F apartment G and a certificate of full payment for the sale price to the victim.

However, in fact, the sales price actually paid by the defendant is not more than KRW 25 million out of the total amount of KRW 232.95 million, and the certificate of full payment of the sales price provided by the defendant was false.

Accordingly, the defendant deceivings the victim as above, and he was transferred 6,2930,000 won to the victim through H account in the name of the defendant on May 14, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement;

1. Statement made by the police against C;

1. Written complaint filed by C;

1. A written confirmation of the results of electronic financial transfer;

1. A certificate of transfer confirmation;

1. AF apartment supply contract;

1. The certificate of full payment;

1. A process deed (a loan agreement for full-time consumption and lending);

1.Payments of payment

1. The loan certificate;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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

1. Determination on the assertion of the defendant and his defense counsel under Article 35 of the Criminal Act for aggravated repeated crimes

1. The defendant and his defense counsel received 60,2930,000 won from the injured party as stated in the facts charged and received 60,2930,000 won from the injured party, and the defendant had a stock of parts and raw materials equivalent to KRW 300,000,000.