beta
(영문) 의정부지방법원 2020.05.13 2019고단368

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 2017, the Defendant made a false statement to the victim D, “C” store located in Gwanak-gu in Seoul Special Metropolitan City, stating that “The victim D will provide debt-free funeral services in E, which is short of money in carrying goods.”

However, at the time of fact, the Defendant did not have been engaged in the pathy funeral in E, and there was no certain income, and there was no intention or ability to repay the money even if the Defendant borrowed it from the victim because he thought to use the money received from the victim as a fund for gambling.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 19,550,000 from September 26, 2017 to October 5, 2017, on eight occasions from September 26, 2017, on the pretext of borrowing money from the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the details of loan certificates and transactions of admission and withdrawal;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Circumstances unfavorable to the reasoning of sentencing under Article 62(1) of the Act on the Suspension of Execution: Defendant was expected to use money for gambling, but the method of committing a crime is not good and the victim was not fully recovered.

O favorable circumstances: The defendant showed an attitude against the defendant, which led to the confession of all the facts charged in the investigation agency, the amount of fraud is not a big amount, and there is no criminal power against the defendant.

(O) All the conditions of sentencing recorded in the records, such as the defendant's age, character and conduct, environment, circumstances before and after the crime of this case, and relationship with the victim, shall be determined as per the order.