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(영문) 서울남부지방법원 2020.04.29 2020고단1595

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Some of the facts charged were corrected.

On March 2017, the Defendant made a false statement to the victim AT and the victim AU, who is a South-North Korean land in French land, respectively, that “I would be a public educational official and that I would be able to enter public rental housing in the Korea Land and Housing Corporation while in office. I would request the sending of down payment and intermediate payment.”

However, there is no public educational official who is not a public educational official nor his relative has worked in the Korea Land and Housing Corporation, and even if the defendant receives money from the victims, he did not have the intention or ability to allow the victims to move into

As such, the Defendant, by deceiving the victims and being transferred KRW 1,360,00 from the victim AU on March 2, 2017, and, from that time, received KRW 31,364,00 in total over 17 times from that time to January 15, 2019, and received KRW 31,364,00 in total, and KRW 3,500,000 from the victim AT on January 9, 2019 from that time, and received KRW 14,80,000 in total over four times, as described in the [Attachment] list 18 through 21 as of April 17, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. AU and AT accusation;

1. Statement made by the police against AU;

1. Details of passbook transactions (F Bank E and AV Association A);

1. Application of the law on the part of the defendant's writing

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant, who has been aware of for a long time, has set forth a trust relationship with the victim AU, and acquired money from the victim AT as well as his/her her dynamics.

The content, means and methods of deception are active as well as the period of crime, and the scale of damage is also reasonable.

The defendant committed the crime of this case due to his life while living together with other fraudulent cases.