beta
(영문) 서울중앙지방법원 2015.02.11 2014고단7077

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2013, the Defendant told the victim C to the restaurant near Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu in order to operate a large amount of funds. The Defendant said, “I will lend KRW 80 billion for purchase of E located in Gwangju-si, Gyeonggi-do.”

Therefore, when the victim refused the defendant's proposal while he cannot seek one ton of the net gold, the victim stated that "The victim would be able to get a loan of KRW 80 billion by inserting the gold 1kg Ri in the face of the beginning of August 2014 through Scam G.

However, the facts were that the Defendant did not “the head of the team in charge of Cheongdae D,” and even if he received two gold bars from the victim, he was able to dispose of them individually and use them as living expenses, etc., and there was no intention or ability to receive the loan from the victim.

At around 17:00 on August 4, 2013, the Defendant received from the victim two gold bars owned by the victim through G at the 5 North Korean Dos office located in the Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul, through G at the 5 North Korean Dos office.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of Acts and subordinate statutes on the prosecutor's statement concerning C and G;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud [the grounds for sentencing of sentence] and there are no basic areas (6 to 1 year and 6 months) [the decision of sentence] [the decision of sentence] and there are no significant amounts of damage] in terms of the method of criminal act, etc., such as the method of criminal act, it is not good that the defendant has committed a crime; the defendant has multiple sentence resulting from a fraudulent act; the suspended sentence; the defendant has been sentenced to a suspended sentence and fine; the defendant is led to confession; the defendant's age, character and behavior, intelligence and environment; the motive, means and results of the