(영문) 서울남부지방법원 2013.07.10 2013고단1123

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(영문) 서울남부지방법원 2013.07.10 2013고단1123

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2010, the Defendant made a telephone call to the victim B, saying, “The right to sell the Changdong Station has a preferential right to sell the house, which can be paid a profit margin of up to two times after three months, if the contract for the right to sell the house is concluded. If the Defendant borrowed KRW 30 million, the contract for sale in lots shall be made with the money and shall be repaid at least two times after three months.”

However, in fact, the Defendant was planning to invest in the new construction of a D weekend farm in Gyeonggi-gun, Gyeonggi-gu, not the money borrowed from the victim, but the Defendant was planning to invest in the money in the money borrowed from the victim, and the said D D Corporation was unable to start up due to the shortage of funds, and was unable to make investment returns at least 2-3 times in a short period. The Defendant was a person with bad credit standing in around 2007, and the Defendant was not a charnel house paid as payment in lieu of payment in lieu of payment in lieu of special property or fixed income at the time of 2010. Thus, even if the Defendant borrowed money from the victim, there was no intent or ability to pay the money within the agreed period

Nevertheless, on February 26, 2010, the Defendant received 30 million won from the victim to the post office account in the name of the Defendant on February 26, 2010 and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement No. B

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

1. It is so decided as per Disposition for the reason of sentencing under Article 62(1) of the Criminal Act that the defendant has identical criminal records and has only one criminal records, and some of the damage amount is deemed to have been used individually by the defendant, but the defendant has agreed with the victim, and some of the consolation money has been paid.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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