beta
(영문) 서울서부지방법원 2015.12.02 2015고단1411

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 15, 2011, the Defendant, on December 15, 201, made a false statement that he/she would enjoy profits in 1.5 million won a month if he/she invested KRW 10 million per unit of the trade name in the non-fash shop operated by the victim D in Seocho-gu Seoul, Seocho-gu, Seoul.

However, at the time, there is no particular property or income, and there is only a remote plan to perform clothes funeral services without a store, and even if the defendant receives money from the victim, he did not have the intent or ability to pay the principal by paying the monthly income.

The Defendant, as such, by deceiving the victim, received from the victim the remittance of KRW 10 million under the name of the national bank account (F) in the name of E, the same day as that of the Defendant, from the victim.

2. On January 9, 2012, the Defendant, on January 2012, 201, made a false statement that he/she would have repaid 3 million won after 2 days if he/she lent 3 million won to the victim at the H coffee shop located in Gwangjin-gu Seoul Special Metropolitan City.

However, there was no particular property or income, and there was no intention or ability to repay it even if it borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim to the same account as the loan.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the statutes in which some statements are written in the prosecutor's interrogation protocol against the defendant

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Reduction area (one month to one year) of the sentencing criteria under Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall be taken into account when there is no previous conviction for the accused