beta
(영문) 수원지방법원 안양지원 2018.11.15 2018고단1503

사기

Text

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

Reasons

Punishment of the crime

[2] On July 22, 2005, the Defendant was sentenced to two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, and the period of parole on September 28, 2007 during the execution of the above punishment was expired on October 10, 2007, and the period of parole was expired on June 7, 2012, and each crime was committed in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by the Seoul High Court on June 7, 2012. The judgment became final and conclusive on September 13, 2012 after being sentenced to ten months of imprisonment and two years and two months of imprisonment with prison labor on February 20, 2018. < Amended by Act No. 15377, Feb. 23, 2018>

[Criminal facts]

1. On January 21, 2010, the Defendant would return the profits of several times and the principal of the investment from the date of investment in the purchase of broadcasting equipment to the victim C at a corporate bank located in the Jung-gu Seoul Metropolitan Government Jung-dong.

“A false statement” was made.

However, the defendant did not have the intent or ability to pay investment profits to the victim.

Nevertheless, the Defendant made such a false statement and received from the injured party a total of KRW 4 million on the same day as the investment deposit, and KRW 24 million on the 28th day of the same month.

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

2. On March 16, 2010, the Defendant, under the pretext of travel expenses, made a false statement to the effect that he/she would be exempted from the duty of Chinese travel agency service at a company bank located in Jung-gu Seoul Metropolitan Government Jungdong-dong, and that he/she would be exempted from the duty of Chinese travel agency service.

However, the defendant did not have the intention or ability to perform the Chinese travel agency business.

Nevertheless, the defendant made such a false statement and received 3.6 million won as travel expenses for the same day from the injured party.

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

Summary of Evidence

1..