(영문) 대구지방법원 포항지원 2021.03.11 2020고단1105

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(영문) 대구지방법원 포항지원 2021.03.11 2020고단1105

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 17, 2019, the Defendant made a false statement that “A victim C shall be paid with the amount of money that he/she has to pay to another person within his/her own residence, Nam-gu, Nam-gu, Seoul, Seoul, with the payment of KRW 30 million after a week.”

However, in fact, the Defendant thought that he would be stuffed with the money borrowed from the injured party, and at the time, the obligation of the financial institution was equivalent to KRW 20 million, and the amount was at least KRW 70 million and did not have been subscribed to. Therefore, even if he borrowed money from the injured party, there was no intention or ability to repay it.

The defendant deceivings the victim as above and transferred KRW 2 million to the Saemaul Treasury account in his name around April 18, 2019 from the victim.

2. Around April 19, 2019, the Defendant provided that, “Around April 19, 2019, the Defendant provided a false statement to the said victim that he/she would have to receive the time limit money of KRW 30,000,000 from another person.”

However, in fact, the Defendant thought that he would be stuffed with money borrowed from the injured party. At the time, the obligation of the financial institution was equivalent to KRW 20 million, and the occurrence of gambling was more than KRW 70 million, and there was no subscription, so even if he borrowed money from the injured party, there was no intention or ability to repay it.

The defendant deceivings the victim as above and transferred 4.5 million won to the Saemaul Treasury account in his/her name on April 19, 2019 from the victim.

In this respect, the defendant deceivings the victim two times and obtained a total of 6.5 million won and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for facts constituting a crime subject to the law applicable to the statement protocol by the police against C: The grounds for sentencing under Article 347 (1) of the Criminal Act

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria [the type of fraud] shall be the general fraud.

참조조문

-형법 제347조 제1항

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