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(영문) 수원지방법원 안산지원 2017.08.08 2017고단1595

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2017, the Defendant: (a) received a balance certificate from a single balance verification business operator who will increase bank balance by temporarily remitting money with a police officer; and (b) conspired to receive money by means of receiving a balance certificate after receiving a transfer of money from the head of the Tong to prevent a balance verification business operator from withdrawing money again; and (c) by receiving a new statement of loss of the head of the Tong; and (d) by receiving a new statement of loss of the head of the Tong, the Defendant intended to

On March 23, 2017, at around 23:00, the Defendant stated that “The victim F would make a false statement to reduce KRW 600,000,000 as a commission to require a balance certificate of KRW 100,000 in operating a business, by remitting KRW 100,000 to the victim F at around 23:15 on the same day to increase the balance of the passbook and return money after one hour.”

However, in fact, when the defendant receives money from the injured party, he/she thought that he/she would bring about the money and did not intend to return the money to the injured party.

Nevertheless, the Defendant, by deceiving the victim, received KRW 100 million from the victim to the agricultural passbook (G) under the name of the Defendant, sent the amount of KRW 100 million from the victim to the agricultural passbook (G), and went away from the doping, and C called the agricultural call center to prevent the victim from withdrawing money, and reported the loss of the above agricultural passbook.

Accordingly, the defendant, in collusion with C, acquired KRW 100 million from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of each account transaction;

1. Application of Acts and subordinate statutes to inquire about details of accident reporting;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The sentencing guidelines [the scope of the recommended punishment] General Fraud (the range of the recommended punishment shall be at least KRW 100 million, the amount of less than KRW 500 million) and the mitigation area ( October-2 and June) (the person specially mitigated).