(영문) 대전지방법원 2020.11.26 2020고단3641

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.11.26 2020고단3641

사기

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, 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 August 20, 2012, the Defendant made a false statement to the victim B, stating that “I will purchase the money with the money and pay money to the money as soon as possible, if I lend the money to the victim B, at an infinite place (hereinafter referred to as the “Infinite Si”) around the hour, the Defendant would be infinite.”

However, in fact, the Defendant was planned to use the above money for the repayment of an individual’s debt, living expenses, etc., and the Defendant had already been in excess of his/her debt, so-called “payment due” was prevented, and thus, there was no intention or ability to repay the money even if it was borrowed from the victim.

Nevertheless, the Defendant, as such, by deceiving the victim and receiving KRW 10 million from the victim’s account (Account Number: D) in the name of the Defendant from the victim, received the remittance of KRW 10,000,000 from around that time to August 26, 2014, he/she acquired the total amount of KRW 31,50,000 through four times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Loan certificate prepared B;

1. A copy of each specification of transactions and remittances of the E Association;

1. Application of the Acts and subordinate statutes upon request for investigation cooperation;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence include: (a) the Defendant recognized all of the instant crimes; (b) the Defendant was the first offender who has no record of criminal punishment; (c) the Defendant paid part of the amount of damage to the victim; and (d) the Defendant repaid the remaining amount of damage to the victim by paying the amount of KRW 60,000 per month; and (c) the victim did not want to be punished against the Defendant; and (d) the favorable circumstances, such as the Defendant’s age, health status, character

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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