beta
(영문) 서울북부지방법원 2015.05.07 2015고단586

사기

Text

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

Reasons

Punishment of the crime

On January 15, 2009, the Defendant was sentenced to three years by the Seoul Central District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Forgery of Currency), and was released on December 24, 2010 from the first prison of the North North Korea, and the execution of the sentence was terminated on May 20, 201.

On March 22, 2013, the Defendant made a false statement to the victim E in the “D” coffee shop located in Dongdaemun-gu Seoul, Dongdaemun-gu, stating that “it is necessary to raise expenses for surgery by his/her wife, and there is a need to prove that goods are stored in a warehouse, and it is necessary to pay the price for the goods in order to open the warehouse, and if the goods are leased the 100 million won check to the warehouse owner, the goods will be returned immediately on that day.”

However, in fact, the defendant was given KRW 100 million to the victim by delivering it to F and was thought to lend it, and there was no intention to return it as is without using it as talked with the victim.

The defendant deceivings the victim in such a manner, and acquired a copy of 100 million won check from the victim in the same place.

Summary of Evidence

1. The second written protocol of interrogation of the accused in the prosecutor's office which contains G statements E among the protocol of interrogation of the accused in the second written protocol of statement in the police office E;

1. Previous convictions in judgment: Criminal records, investigation reports (report on confirmation of repeated crimes) and application of statutes governing judgment;

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of punishment] from 1 month to 10 years [the decision of punishment] from 2 years [the general fraud (the amount of 100 million won or more, the amount of 500 million won or less] [the decision of the recommended area] mitigated area [the decision of the recommended area] mitigated area [the decision of the recommendation area] from 10 months to 2 years and 6 months [the decision of the sentence] in this court, the defendant is divided and reflected in depth of his crime.