beta
(영문) 수원지방법원 안양지원 2015.12.30 2015고단1281

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:30 on April 15, 2015, the Defendant made a false statement to the victim C(30 years of age) that “If the Defendant borrowed KRW 34 million within the past two hours, the Defendant would also pay the amount of KRW 10 million,00,000,000 which he borrowed within the past two hours. Also, the Defendant would offer a passenger car going on as security.”

However, in fact, the defendant thought that he was boomed with the money borrowed from the victim, and there was no other way to repay the borrowed money if he was unable to do so in gambling, and the defendant did not have a 1% share of the dbenzE350 car that he said to offer as security, and there was no intention to offer it as security.

As above, the Defendant received 34 million won from the victim’s bank account in the name of the Defendant immediately.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service and Criminal Act [the scope of recommending punishment] General Fraud (less than KRW 100,000) sets the period of imprisonment in consideration of the basic area of category 1 (less than KRW 100,00) (6-1 year and June) (the decision of sentence), the size of defraudation, etc. shall be six months, and the execution of the sentence shall be suspended in consideration of the circumstances such as the agreement with the victim to repay the amount equivalent to KRW 20,50,000 and the remaining amount of money shall be repaid, and community service work shall