beta
(영문) 의정부지방법원 고양지원 2021.01.14 2020고단2224

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Whether the Defendant, on December 16, 2019, called the victim B at a place in which the police officer was not a police officer on December 12, 2019, intended to purchase the golf equipment (three of the golf-based GDR) by phone to the victim B;

If an intention to purchase exists, the delivery of the price;

In other words, the purchase will be arranged at the same time.

"Lind and made false statements."

However, even if the defendant receives the payment from the injured party, he thought that it will be used as his own personal business cost, and there was no intention or ability to purchase the used golf equipment.

As such, the Defendant, by deceiving the victim, was transferred KRW 17,50,000 to the C Union account (D) in the name of the Defendant for the proceeds of the golf equipment, screened around December 16, 2019 from the victim.

2. On December 24, 2019, the Defendant made a telephone call to the victim B at an influence place on December 24, 2019, and “ another good equipment (one for golf respect).”

When sending the equipment cost, it is false that the purchase will be mediated.

However, even if the defendant receives the payment from the injured party, he thought that it will be used as his own personal business cost, and there was no intention or ability to purchase the used golf equipment.

As such, on December 24, 2019, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 26.4 million to the C Union account (D) in the name of the Defendant for the proceeds of the golf equipment screened around December 24, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes verifying transaction details in police statement protocol B to the police statement;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing criteria [type 1] fraudulent offenses: The general fraud [type 1] below 100 million won (the same type of concurrent crimes shall be concurrent crimes.]