(영문) 부산지방법원 2015.02.12 2014고단8999

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(영문) 부산지방법원 2015.02.12 2014고단8999

사기

Text

A defendant shall be punished by imprisonment for one year.

However, 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 March 23, 2011, the Defendant made a false statement to the victim E, who is a branch of Busan (hereinafter referred to as "the Defendant changed the company executives to be employed in the Present Heavy Heavy Industries from the company executives."

However, the defendant was expected to use the victim as living expenses even if he did not have the intention or ability to find employment in the modern middle industry and received the street funds from the victim.

As above, the Defendant, by deceiving the victim and deceiving it from the victim, shall be KRW 32 million on the same day under the name of the victim, KRW 10 million on the 30th of the same month, and the same year.

4. Around 15.15. Around January 3, 2012, a merchandise coupon of KRW 500,000,000,000,000,000,00 was acquired through deception, including the transfer or receipt of each of the money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the investigation report (No. 3) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (generally, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that the applicable sentencing method for sentencing under Article 62-2 of the Social Service Order Criminal Act is not good, the amount of damage is large, and the complete recovery of damage is not yet complete is an element of sentencing unfavorable to the defendant.

However, confessions, initial crimes, 20 million won out of the amount of damage shall be preferentially repaid, and the victim shall be considered as favorable sentencing factors in favor of the fact that the victim is currently unable to punish the defendant by mutual consent with the victim, and the punishment shall be determined like the order, taking into account the conditions of sentencing under Article 51 of the Criminal Act, such as family relations of the defendant, and the sentencing guidelines

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