beta
(영문) 수원지방법원 2018.02.07 2017고단7027

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 8, 2016, the Defendant made a false statement to the victim D at a singing room operated by the Defendant, which reads that “The Defendant would withdraw money from the passbook and use it as a partner’s money by withdrawing money from the passbook on the face of one’s own by opening the passbook.”

However, the defendant did not have the intent to engage in the business with the victim, and did not have the ability to prepare a partner's money.

Nevertheless, the Defendant received from the injured party the head of the Tong in the name of the injured party, and withdrawn the total amount of KRW 19,826,273 from the time to January 3, 2017, as shown in the list of crimes in the attached Table, and acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a petition, copy of passbook, and detailed statement of deposit transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. A suspended sentence under Article 62(1) of the Criminal Act (defluence to the reasons for sentencing) - a situation unfavorable to the reasons for sentencing - a situation unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act - a favorable circumstance - a defendant fully acknowledges the criminal facts - a defendant is fully aware of the criminal facts. - Taking into account the fact that a part of the criminal facts have been recovered by repaying more than half of the amount acquired by the defendant by deceit, the defendant has no record of