beta
(영문) 수원지방법원 안산지원 2013.03.14 2012고단2187

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 9, 2008, the Defendant made a false statement to the victim C (V, 46 years of age) that “I will pay 500,000 won if I want to use it promptly, but I will pay 50,000 won in December.”

However, in fact, even if personal debt, such as credit card debt, is borrowed from the victim with a bad credit amount of 38,000,000 won, there was no intention or ability to repay it.

The Defendant received 5,979,000 won from the victim’s seat to the account under the name of the Defendant and received from that time a total of 31 times from April 22, 2010, as shown in the attached list of crimes, from around 31, 2010.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A copy of a notarial deed, details of entry and withdrawal transactions, authentic copy of a notarial deed, investigation report, and copy of a pocket book;

1. Application of statutes to inquiries about criminal records, etc.;

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

1. Of concurrent crimes, there are conditions favorable to the defendant, such as the fact that the defendant has no criminal record or more than a suspended sentence for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes. However, each of the crimes of this case has been committed repeatedly against the victim for a certain period. In light of the method and result of the crime, the nature of the crime and the crime committed repeatedly during a certain period. Although the period has elapsed after the crime, there is no agreement with the victim. In addition, the punishment like the order should be determined by considering the motive and circumstance of each of the crimes of this case, circumstances after the crime, the defendant's age, occupation, family relation, health status, etc.