(영문) 인천지방법원 2016.04.15 2015고단3110

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(영문) 인천지방법원 2016.04.15 2015고단3110

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 201, the Defendant presented the victim E office operated by the victim D in Sii-si, Sii-si, 201 a construction work order plan (business expense) to the victim in 2011, and made a false statement to “The Defendant would receive several construction works from the high-ranking public officials.”

However, even if the defendant received money from the injured party without knowing the senior public official, he did not have the ability or intention to receive the government-funded construction from the injured party.

The Defendant, as seen above, by deceiving the victim and deceiving the victim, received cash of KRW 40 million from the victim on July 5, 201, and received cash of KRW 10 million on or around the 22th of the same month, and acquired KRW 50 million in total from the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a complaint and a loan certificate;

1. The relevant legal provisions on the crime and Article 347(1) of the Criminal Act on the grounds for sentencing [the scope of recommending punishment] [the grounds for sentencing of the first type (from June to January), the basic area (from June to June) of the first type (the scope of punishment less than KRW 100 million) [the decision of sentencing] [the defendant in June] recognized the crime of this case and reflects the defendant in June], and there is no specific criminal history in addition to the first type of fine, it is favorable for the defendant to have committed the crime of this case under the circumstances that there is no specific criminal history in addition to the first type of fine, it is favorable for the defendant to have obtained money from the damaged person under the pretext of the construction work, and the fact that the crime of this case is not agreed with the victim is not good, and the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, and the circumstances after the crime shall be determined as per the order.

참조조문

-형법 제347조 제1항

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