beta
(영문) 서울중앙지방법원 2016.03.31 2016고단855

사기

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal records] On September 17, 2015, the Defendant was sentenced to four years of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on March 7, 2016.

[Criminal facts] Around June 17, 2014, the Defendant stated that “The Defendant would immediately settle theme to purchase the Amick at the first place” to the victim M who is the head of the place in Yeongdeungpo-gu Seoul Metropolitan Government (State).

However, in fact, the Defendant was registered as a bad credit standing from around May 2007, and from around May 2013, 2013 without any particular property, it was difficult to cope with the husband’s spine separation treatment expenses, living expenses, etc., and it was intended to purchase from many victims at a low price goods such as a well-known household, etc.

Since it was prevented from returning money to the injured party, even if he received money from the injured party, he did not intend to return the principal and interest of the existing debt or to use it as the living expenses of the accused, and did not have an intention or ability to pay the price of the goods as agreed to by the injured party.

On June 17, 2014, the Defendant: (a) by deceiving the victim; (b) obtained delivery of the total amount of KRW 29,546,200,00, equivalent to KRW 7,178,000 at the market price from the victim; (c) KRW 6,423,20 at the market price around the 18th of the same month; and (d) KRW 17,945,00 at the market price around the 20th of the same month; and (c) obtained the acquisition of the total amount of KRW 41,00 at the market price of KRW 29,546,200 at the 25th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Evidence List No. 9);

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 latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the reason for sentencing under Article 39(1) of the Criminal Code [the scope of recommended punishment under the sentencing guidelines] Article 37 of the Criminal Code does not apply to the single concurrent crimes relationship after Article 37 of the Criminal Code.

[Determination of sentence] The age, sex, family relationship, family environment, and crime of the defendant in the following circumstances: