(영문) 수원지방법원 2018.11.14 2018고단4758

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(영문) 수원지방법원 2018.11.14 2018고단4758

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2015, the Defendant agreed to lease No. 102 Dong 102, 102, and 102, from D, to a person in charge of the name in charge at the location of a new bank, a new forest village located in 125, Sinsan-si, Sinsan-si, Seoul-si.

It makes a false statement and applied for a loan of the deposit money.

However, on December 18, 2014, the Defendant entered into a sales contract with D to purchase the above apartment house with KRW 187 million. The Defendant had already been granted a loan of KRW 135 million from Samsung Bio-resources and had been granted a credit loan of KRW 10 million from KB National Bank, and even if the Defendant had not entered into a lease contract with D, he did not have any intent or ability to repay the loan with the repayment of the deposit for the lease after two years.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of 60 million won from the victim to D's account on January 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of the statutes governing apartment sale contract;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (the amount of less than 100 million won) and the mitigation area (one month to one year) [the person subject to special sentencing] mitigated factors: Where the penalty is not imposed or damage equivalent to a considerable portion has been recovered;

2. In light of the method of committing the offense by which the sentence was sentenced, the fact that the defendant led to the confession of the offense of this case, the fact that the damage was recovered, the fact that there was no record of punishment for the same criminal record, the circumstances of this case, family relationship, etc. of the defendant

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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