beta
(영문) 광주지방법원 2015.04.29 2014고단2611

사기

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On December 20, 2007, the Defendant stated that “The Defendant would give a subcontract order if he lends money to B” to the victim C at the Yatong-dong, 69-2, Seo-gu, Seo-gu, Seocheon-gu.

However, in fact, the defendant did not have the intention or ability to give the subcontract construction to the victim.

As above, the Defendant, by deceiving the victim as above, received 10 million won from the victim as the borrowed money from the victim’s place of business, and received from that time a sum of 25 million won as shown in the annexed crime list from June 27, 201, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes to describe a copy of each deposit certificate;

1. The defendant's assertion of the relevant criminal facts and Article 347 (1) of the Criminal Act (Optional to Imprisonment) and the judgment thereof are alleged to have reached the crime of this case under the lack of the ability to discern things or make decisions due to the symptoms of dementia. However, even according to the defendant's assertion, it has been since 2010 that the defendant suffers from dementia symptoms. According to the above evidence, the defendant's deception of the victim can be recognized as facts that are 207 years prior to 3 years or transfer. In light of the above circumstances, it cannot be deemed that the defendant's deception at the time of the crime of this case did not change things or lack the ability to make decisions. Thus, the above assertion by the defendant is without merit.

Reasons for sentencing

1. The scope of the sentencing guidelines for sentencing [the scope of the sentencing guidelines] the basic area [the scope of the sentencing guidelines] of the category 1 (less than KRW 100,00) (the determination of the recommended area] (the scope of the recommendation area] from 6 months to 1 year and 6 months;

2. whether or not to add a stay of execution - Major reasons for major reference: negative unagreement - Major reasons for reference: where positive damage is considerably small: negative.