beta
(영문) 서울동부지방법원 2015.01.28 2014고단2484

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On October 14, 2008, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Seoul Southern District Court, and completed the execution of the sentence on August 21, 2009.

【Criminal Facts of Crimes】 The Defendant, around May 30, 201, at E’s office located in Seongdong-gu Seoul Metropolitan Government D 306dong-gu, said, via E, that “The Victim F will supply home-flus gift certificates, and new global department store gift certificates in an amount equivalent to KRW 110 million at 110 million at the 11.0 million per week of the week.”

However, in fact, there was no intention or ability to supply merchandise coupons as above, because it was planned to use merchandise coupons for other purpose than purchasing merchandise coupons by receiving money from the victim, and it was not in the state of preparing merchandise coupons equivalent to KRW 110 million.

The Defendant received KRW 100 million from the victim as the price for gift certificates on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Statement made by the police of the F;

1. Each investigation report - accompanying documents

1. A gift certificates supply agreement, receipts, details of transactions, and a statement of transactions;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The amount of recommendation and sentence based on the sentencing criteria under Article 35 of the Criminal Act from among repeated offenders: The area subject to the mitigation of the types of general fraud (from October to June); and