beta
(영문) 서울남부지방법원 2013.04.04 2012고단3021

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2008, the Defendant made a false statement to the victim D at a non-place, stating that “The Defendant would be able to receive a return of the said money within one month, where the funds are required for Chinese company.”

However, the fact is that the defendant did not intend to pay 12 million won even if he received the above money from the victim, since he had the intention to receive 12 million won of the construction cost which was not returned from E after the contract was terminated with the construction business chain E, which was introduced by the victim to the defendant.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the national bank account (G) in the name of F on the same day, and took over KRW 1,50,000 in total on two occasions, such as the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. A letter of non-performance;

1. Cash custody certificate;

1. Account details;

1. Letters;

1. Application of Acts and subordinate statutes of a written confirmation;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Application of Sentencing Criteria]: The range of punishment recommended under Category 1 (less than 100 million won): From June to June (basic area) of imprisonment with prison labor: there is no corresponding factor: the person who has no corresponding factor: the general person who has no corresponding factor: there is no corresponding factor; the person who has no corresponding factor: there is no corresponding factor. - The person who has no corresponding factor (decision of sentence] denies the crime of this case. However, considering the circumstances of the crime of this case, the amount of fraud, the amount of money, and the fact that there has no specific criminal records for the last twenty years, the above range of punishment is deemed to be excessive, and thus, the sentence like the order shall be imposed, but the execution of imprisonment with prison labor shall be limited to this time.