사기
A defendant shall be punished by imprisonment for a term of one year and three months.
The defendant pays 4,960,000 won to the applicant for compensation by deceit.
Punishment of the crime
On April 6, 2017, the Defendant made a false statement to the effect that the Victim B was able to hold a claim with good living, and the Defendant continued to hold the claim. The company, such as the Gangseoland and the Cadastral Corporation, has issued a bond with a mother and child, and if it invests in the bond through a b1-32% interest per month is expected to be paid.”
However, in fact, it was thought that all of the paid money will be used to pay the deposited construction cost, and even if it was not owned by Dong C and it was received money from the victim, it did not have an intention or ability to invest in the claim.
The Defendant immediately received from the victim the amount of KRW 12 million from the victim’s Dong C, KRW 7 million around April 7, 2017, KRW 14.2 million around April 12, 2017, KRW 12 million around April 18, 2017, and KRW 12 million around April 18, 2017, and KRW 20 million from the victim’s Dong C to the Defendant’s Dong F (G) account around May 30, 2017, and received KRW 65.2 million in total five times.
Accordingly, the defendant deceivings the victim to take the property by deceiving him as above.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement No. B
1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act (Overallly, the choice of imprisonment);
1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Orders;
1. Although the reasons for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Declaration of Provisional Execution are favorable to the defendant, the above defendant can be seen as having committed the same offense, including the same sentence of punishment, in light of the method and result, etc. of the crime. The crime of this case is classified as a crime, and the crime of this case has not been agreed with the victim despite the considerable period of time after the crime, and the motive and circumstance of the crime of this case, the circumstances after the crime of this case have been committed.