beta
(영문) 부산지방법원 동부지원 2015.04.16 2015고단7

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

From January 8, 2014 to July 11, 2014, the Defendant made a false statement to the victim B in Seocho-gu Seoul Metropolitan City, stating that “The amount of money needed to carry on the paint business in China is to be repaid immediately if only five million won is leased. It is well-grounded in the paint business in China, and there is a need for expenses in China. The entertainment expenses are needed for the customer in China. It is necessary for the customer in China. The Chinese construction fair has been multiples in China, and the down payment was paid in KRW 30 billion in China, and the down payment was deposited in the bank in KRW 10%.”

However, the defendant was in a situation in which he was living together with China, and there was no fact that he was living in China, and there was no plan to proceed with or proceed with the Chinese business, and even if he borrowed business funds from the victim, he did not have the intent or ability to repay it to the victim.

Accordingly, the Defendant deceivings the victim as above, and thereby, from the victim to the account of the Defendant’s community credit cooperatives, KRW 5 million on January 8, 2014;

1.15.35 million won;

1.25.3 million won;

2.2.2 million won;

2.27.3.5 million won;

4.23.4.2 million won;

5.1.30,000 won;

5.4.350,00 won;

7. On November 500, 190 won, 2,350,000 won was remitted through nine times in total and shall be defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The following circumstances are the grounds for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (in cases where the scope of Defendant’s liability is unclear) and other circumstances, such as the Defendant’s age, character and conduct, environment, the background, means and consequence leading to the Defendant’s instant crime, and the circumstances before and after the instant crime.