beta
(영문) 부산지방법원 동부지원 2017.02.15 2016고단2439

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant supplied ice cream to the “C” operated by the victim B, who received KRW 10,50,000 from the victim to March 31, 2014 as the advance payment for the delivery of ice cream, and supplied alcream to the victim on June 30, 2014, the Defendant stated that “if the Defendant loaned money to the victim to secure goods prior to any clerical error in the name of the victim, the Defendant would pay the money received prior to October 30, 2014.”

However, in fact, the Defendant was a bad credit holder at the time, and the Defendant did not have any intent or ability to complete payment even if he borrowed money from the injured party because it was difficult to receive the Defendant due to the lack of sufficient funds due to cumulative cumulative amounts due to the ice cream supply and the amount of each month from the dumping sales.

As such, the Defendant, by deceiving the victim, received KRW 22 million from the victim to the Busan Bank account in the name of his/her own jurisdiction on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of each promissory note, receipt, response to requests for the provision of financial transaction information, details of each transaction, and application of Acts and subordinate statutes to investigation reports (E and telephone conversations);

1. The pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act on the selection of punishment (the choice of imprisonment), which are disadvantageous to the Defendant, are the following: (a) the amount acquired by the Defendant for the reason of sentencing is not small; (b) the damage did not reach an agreement with the victim; and (c) the damage was not recovered; and (d) the Defendant has

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account various sentencing conditions in the trial process of this case.