(영문) 수원지방법원 평택지원 2018.02.21 2017고단1735

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2018.02.21 2017고단1735

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant: “Around 31, 2016, the Defendant had a sandy of a singing factory in the name of the victim B (S) at the agricultural parking lot in front of the agricultural community located in Ansan-si Eup; and there is insufficient cost to purchase the singing machine.

The principal shall be paid 1.3 million won per month on the loan of KRW 35 million and the principal shall be paid within one year.

“.......”

However, in fact, the defendant thought that he would use the money received from the injured party to pay his personal debt, and did not think that he would purchase the singing machine. In addition, since the clothing distribution business operated by the defendant was poor, the defendant did not have the intention or ability to pay the interest or principal as promised to the injured party.

As a result, the defendant deceivings the victim by the above method and acquired 35 million won from the victim to the Agricultural Cooperative Account (Account Number C) in the name of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Application of Acts and subordinate statutes on remittance details and text details;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;

1. Application of the sentencing criteria [Scope of the recommended punishment] General fraud (less than KRW 100 million).

2. It shall be determined as ordered by comprehensively considering the following: (a) the scale of damage caused by the determination of the sentence is not small; (b) the recognition of the commission of the crime; (c) the payment of a total of KRW 16 million to the victim and the full agreement with the victim; (d) the fact that there is no record of punishment exceeding the fine; and (e) the motive and background for the crime of this case; and (e) the age of the accused, sexual behavior

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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