beta
(영문) 서울동부지방법원 2018.01.17 2017고단3704

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 28, 2013, the Defendant, on February 28, 2013, calls from the victim B at a place in which the U.S. Mad-S. Mad-S. war was not held, and “I will accept D, the Vice-Governor of the C Bank, A, in the U.K., from the Republic of Korea, I will receive a guarantee of guarantee issued by C.S.

US$10,000 is required for the expenses to be incurred in the United Kingdom.

different types.

“A false statement was made to the effect that it was “.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to receive the guarantee issued by C.

The Defendant had by deceiving the victim as above and transferred USD 5,000 (Korean Won 5,474,898) to the account under the name of the Defendant on the same day from the victim.

2. On March 11, 2013, the Defendant, around March 11, 2013, issued a certificate of guarantee to the victim B via D, the Vice-Governor C, if he/she had USD 40,000 of the cost of issuing a letter of guarantee to the victim B.

“A false statement was made to the effect that it was “.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to receive the guarantee issued by C.

The defendant deceivings the victim as above and transferred 38 million won to the F bank account in the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service and Criminal Act (determination of sentence), 6 months of imprisonment, 2 years of suspended sentence, 80 hours of community service (former imprisonment: 10 months) shall be comprehensively taken into account the sentencing conditions of the defendant during the trial of this case, including the defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after crime. The sentence as ordered shall be determined.

The favorable circumstances: