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(영문) 전주지방법원 2018.12.14 2018고단1899

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Criminal record] On August 13, 2018, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Jeonju District Court for six months, and the judgment became final and conclusive on August 21, 2018.

[2] On May 16, 2015, the Defendant concluded a contract with the victim B to obtain the kinds of electric wires from the site of the removal of the Kimpo Agricultural Co., Ltd. at the Defendant’s office located in the Jeonpo-ju around May 16, 2015, and the Defendant provided that the Defendant would supply the wire to the victim B.

However, in fact, the Defendant did not have any authority to repair the goods at the site of the removal of the Kimpo Agricultural warehouse, and the money received from the injured was intended to use the goods as living expenses regardless of the above removal site. Therefore, even if the Defendant received the goods from the injured party, he did not have the intention or ability to supply the goods.

The Defendant, as such, by deceiving the victim, received a total of KRW 80,50,000 from the victim or received a cash delivery of KRW 80,50,000 from the victim on three occasions as indicated in the following crime inundation.

On May 16, 2015, the method of delivering the money obtained by deception (10,000 won) on the date of deception at the time of removal of the date of deception (hereinafter referred to as deception) is to supply the second water of the kinds of the warehouse electric wire of Kimpo-ro on May 16, 2015. The amount actually remitted by the victim is KRW 15 million, but it is recognized within the scope of indictment (in the face of 13 pages of the investigation record).

Defendant

Account on May 20, 2015, 1,350 C Account on August 11, 2015, 201, 350 C Account on June 4, 2015, 2015, the summary of evidence of KRW 80,50,000,000 D Account on June 4, 2015, 50 on June 4, 2015, 200 D Account on June 4, 2015, 50 on July 15, 2015, 200 E Account on October 81, 2015, 200 E Account on July 30, 2015, the former North Do Office, on July 30, 2015, the summary of evidence of the total amount of damage from the F Account on July 30, 2015, 305.

1. Statement by the defendant in court;

1. Two-time protocol of interrogation of the suspect against the accused (B hostile part);

1. A report on investigation (Submission of a certificate verifying the amount of entrance fees);

1. Account transactions;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same final judgment);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;