beta
(영문) 의정부지방법원 2018.01.23 2017고단3535

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On September 17, 2015, the Defendant already transferred the said shop to E as a person who had operated D shop.

However, the Defendant, on December 21, 2015, transferred the type of business to D D stores located in Speaker F on December 21, 2015, thereby having the victim limited liability company supplied alcoholic beverages from the victim limited liability company, in installments over 19 months, if the Defendant borrowed KRW 25 million from the victim limited liability company.

A false statement was made.

Even if the defendant entered into a contract with the victim with the victim as the defendant had already purchased or sold goods to others, the defendant did not have any intention or ability to receive alcohol or pay money.

As such, the Defendant, by deceiving the victim, received KRW 25 million from the victim on December 23, 2015 to the account (G) of Han Bank in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Copy of the police statement made to E;

1. The original transaction contract, process deed;

1. Written complaint (Lawsuit of Demurrering a third party), contract for the lease of a commercial building, contract for the transfer of both rights, certificate of business report, and business registration certificate;

1. Certificates for performance, and certificates of seal imprint;

1. A certificate of remittance confirmation;

1. Application of Acts and subordinate statutes of the summary order;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the punishment of the crime in question is not minor in light of the content of the crime in this case and the amount of the fraud, the criminal records of the defendant, etc.

However, the defendant shows his attitude to see and reflect his mistake.

A injured person does not want the punishment by mutual consent with the defendant.

There is no criminal offense against a defendant who has been punished by a fine exceeding ten years.

Social ties are clear.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.