beta
(영문) 춘천지방법원 영월지원 2017.08.29 2016고단475

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 16, 201, the Defendant borrowed KRW 30 million as a security deposit to the Busan Shipping Daegu, and concluded a lease contract. Accordingly, the Defendant borrowed money to the victim B, who is operating the management office of the victim.

“False speech” was made.

However, the defendant did not have leased the place to be used as the management office, and even if he borrowed money from the complainant with considerable debt at the time, he did not have any intention or ability to repay it.

The defendant deceivings the victim as above and received 30 million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Each report on investigation;

1. Complaint;

1. Application of Acts and subordinate statutes on trading;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances: (a) the relevant legal provisions on the crime of this case; (b) Article 347(1) of the Criminal Act regarding the selection of punishment; (c) the reason for sentencing of the sentence of imprisonment [the scope of recommendation] under the basic area (from June to January 6) (the scope of recommendation] [decision of sentence] under the favorable circumstances such as the Defendant’s recognition of the crime of this case; (d) the amount of damage caused by the crime of this case; (e) the considerable amount of damage caused by the crime of this case; and (e) other unfavorable circumstances such as the Defendant’s age, sex, family relation, history of the crime of this case; and (e) other unfavorable conditions of sentencing such as the Defendant’s age, age, family relation, history of the crime of this case