(영문) 서울중앙지방법원 2016.11.29 2015고단7037

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.11.29 2015고단7037

사기

Text

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

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, some of the facts charged are legally adopted and investigated by this court.

On February 12, 2015, the Defendant received a telephone call from the victim C’s staff D to want to purchase a timber panel. The Defendant said, “At present, the Defendant is operating an agency of the timber panel of the LAL Korea, and it is possible to secure and keep a timber panel so that money will be delivered immediately upon transfer.”

However, the facts did not operate a timber panel agency of the LAL Korea and tried to use it first as the personal office operating expenses even if the victim receives the price for the goods, so there was no intention or ability to deliver the timber panel to the victim.

Around March 4, 2015, the Defendant, by deceiving the victim, received from the victim a total of KRW 4,6620,000,000 from the account in the name of the E bank (F), and from around 20,000,000 won to the account in the name of the Defendant’s corporate bank (G) around 20,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Complaints and accompanying documents;

1. Application of Acts and subordinate statutes to each investigation report (the No. 12, 13 of the evidence list);

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the grounds for conviction of imprisonment: The following objective circumstances acknowledged by the evidence duly adopted and investigated by the court on the criminal facts prior to the crime of deception, namely, the relationship with the defendant and the AAL Korea, the specific terms and conditions of the agreement on the supply of the goods in this case, details of the implementation thereof, and the financial status of the defendant at the time of the crime of this case, are comprehensively taken into account, the defendant is aware that at the time of the crime of this case, the goods cannot be supplied as agreed with the victim.

참조조문

-형법 제347조 제1항

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