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Reasons
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(영문) 광주지방법원 2016.11.24 2016고단4031
사기
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A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 22, 2016, the Defendant made a false statement to the victim B at the D coffee shop located in Gwangju-gu, Seo-gu, Gwangju, stating that “The Defendant would have 14 drinking-water keys in Gwangju-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, and would have a management of 14 drinking-water keys for one year from April 7, 2016 to 14 drinking-waters, so the Defendant would have 50 to 50.”

However, in fact, even if the defendant did not possess the key machine in the Gwangju World Cup stadium and received the money from the victim as above, he did not have the intent or ability to manage the key machine.

The defendant received KRW 10 million from the victim as the deposit money for the same day, as the agricultural bank account (E) in the name of the defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 25, 2016, the Defendant made phone calls to the above victim at an insular place and made a false statement to the effect that “I would immediately purchase goods worth KRW 5 million by investing in 2.5 million in width and inside and outside of the country as they have been wnd up with water.”

However, even if the defendant receives the above money from the victim, the defendant did not have the intent or ability to make a joint investment or purchase goods.

The defendant received KRW 2.5 million from the victim as the price for drinking water on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning details of transactions of entry and withdrawal;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act are recommended.

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