(영문) 창원지방법원 진주지원 2015.10.27 2015고단494

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(영문) 창원지방법원 진주지원 2015.10.27 2015고단494

사기

Text

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

Reasons

Punishment of the crime

On July 2013, the Defendant told the victim E to pay the price in cash within two months at the office of “D” office operated by the Defendant at the time of Jinju-si, Jin-si, Jin-si, the end of July, 2013.

However, at the time, the Defendant had no intention or ability to pay the interest and the principal with the profits of the above company every month in excess of KRW 2.1 billion, as the Defendant was unable to pay the interest and the principal with the profits of the above company.

The Defendant, as such, by deceiving the victim, received from the victim a total of KRW 3,272,50, a total of KRW 48,240,50 from the victim around August 16, 2013, and thereafter received from the victim a total of KRW 3,272,50 from that time, from that time, the Defendant was supplied a total of KRW 48,240,50,000, as shown in the list of crimes in the attached Table by October 25, 2013.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Court rulings, each investigation report (a copy of a written estimate, specified amount of damage), written order, and a certified copy of the register;

1. Application of the Acts and subordinate statutes to the complaint;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act (i.e., the same method as the victim and the criminal intent are deemed to be the same and the criminal intent is deemed to be uniform), the reason for sentencing; and

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) of the types of general fraud (less than 100 million won) (no person specially punished);

2. In light of the fact that the amount of damage caused by the instant crime was not small, and that considerable damage has not been recovered until now, a strict punishment against the Defendant is inevitable.

However, the fact that the defendant is against the time of the crime of this case, partially repaid the amount of damage, the defendant has no record of punishment exceeding the same power or fine, and the motive and motive of the crime.

참조조문

-형법 제347조 제1항

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