beta
(영문) 서울북부지방법원 2012.12.12 2012고단1131

사기

Text

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

Reasons

Punishment of the crime

The defendant purchased land and sold it in lots is the death that was the whole of D', which was the death of the defendant.

On January 2010, the Defendant told the victim E, a partner of the same company, to the effect that “I would like to invest money in a good place through a scam, because I know that I would like to invest in money. I would like to request money from the victim E, a partner of the same company.”

However, even if the defendant received money from the victim as investment money, he did not have any intention or ability to invest in the land.

Nevertheless, the Defendant deceivings the victim as above and acquired 80 million won from the victim as investment money three times from January 15, 2010 to March 31, 2010.

Summary of Evidence

1. Legal statement of witness E and F;

1. A complaint;

1. Investment certificates;

1. A report on investigation (a report attached to the details of transactions);

1. Application of the police prosecutor's protocol of statement to E;

1. 범죄사실에 대한 해당법조 및 형의 선택 형법 제347조 제1항, 징역형 선택 양형 이유 [유형 및 구분] 일반사기, 제1유형 1억원 미만 [권고 영역] 기본(6월~1년6월) [집행유예] 부정적 : 주요 참작사유▷미합의