beta
(영문) 춘천지방법원 강릉지원 2018.07.20 2018고단476

사기

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant was sentenced to ten months of imprisonment due to fraud, etc. at the Gangnam Branch Branch of the Chuncheon District Court, and the said judgment became final and conclusive on March 30, 2018.

On November 25, 2014, the Defendant, at the office of the branch office of the D Council's Gangwon-si's Gangwon-si's Gangwon-si's branch office of the D Council's branch of the D Council's branch of the D Council, should transfer KRW 11 million to the victim E as travel expenses at present.

As there is no money for the head of the party, there is a demand to transfer travel expenses to the travel agency instead of travel expenses. At one hour, there is money to be received from F, and he will pay it up to the day of payment.

“.....”

However, the defendant did not have any money to receive from F and did not have any intention or ability to pay the borrowed money by the due date.

Defendant 1 made a false statement to the victim and caused the victim to remit KRW 11 million to the bank account in the name of G on the same day, but did not repay the amount equivalent to the amount to the victim.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to the above remittance amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A list of transactions by account;

1. Previous records: Results of inquiry, results of investigation (report of latter concurrence and the same kind of force), application of each statute of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 of the Criminal Act: (a) the reason for sentencing under Article 39(1) has the same history as the defendant several times; and (b) the failure to repay damage is a factor unfavorable to sentencing; and (c) the amount of damage is relatively small; and (d) the Defendant’s health status is not good due to cerebral malphying, is an element favorable to sentencing.

In this context, the crime of fraud in this case has become final and conclusive, and the latter part of Article 37 of the Criminal Act is in the relationship of concurrent crimes, and the defendant's age, sex, environment, health condition, etc.