beta
(영문) 수원지방법원 2016.04.22 2015고단5977

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 10, 2013, the Defendant newly operated a school meal material supply business to the victim D in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

40,000 won per month shall be paid 600,000 won per month, and 40% of profits will also be paid if a business is made.

The phrase “the meaning was made.”

However, the Defendant had no particular property at the time, and the Defendant has reached a total of KRW 290,000,000, and was not able to obtain business funds. Therefore, even if the Defendant received investment funds from the Defendant, the Defendant did not have an intent or ability to normally conduct business and make profits to the victim

As such, the Defendant, by deceiving the victim, received the total of KRW 40 million from the injured party on October 10, 2013, and acquired the total of KRW 30 million on October 10, 2013, and KRW 10 million on October 31, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made in the police statement protocol with D;

1. The grounds for sentencing under Article 347 (1) of the Criminal Act (elective selection of imprisonment) on the facts constituting an offense of application of each of the relevant Acts and subordinate statutes stated in the agreement on the same business and the details of passbook transactions;

1. The scope of the recommended punishment on the sentencing criteria / [type] general fraud, the area of mitigation of type 1 (less than KRW 100 million) (special mitigation) [the scope of the recommended punishment] in cases of willful misconduct (the special mitigation person] - January - one year;

2. In light of the fact that there is no agreement with the victim who was sentenced to a sentence and no recovery of damage was made, and the amount of the money obtained by defraudation of this case, it is inevitable to sentence the Defendant as a sentence.

As to the term of punishment, there is no record of criminal punishment except for the defendant who has been punished once for a crime of this kind, and circumstances favorable to the confession of a crime shall be considered, and other circumstances shown in the arguments of this case, such as the age, sex, environment, and circumstances after a crime.