(영문) 창원지방법원 거창지원 2018.07.25 2018고단127

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 거창지원 2018.07.25 2018고단127

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On July 2017, 2017, the Defendant called the victim Z at a place where it is not possible to know the place where the Defendant was unable to know, and had the victim purchase the 5,00 net and stored in the AA AF warehouse.

N. N. L. L. L. L. L. L. L. 1,000 p.m.

“.....”

However, there was no fact that the Defendant purchased the 5,000 net, and there was no intention or ability to deliver the 2,000 net to the victim or to repay the 2,00 net price even if he received the 2,00 net price from the injured party because there was no particular property or income at the time.

Nevertheless, the Defendant was transferred KRW 20 million to the NongHyup Bank account in the name of AB on July 11, 2017 from the person who caused the damage by making a false statement as above, and was transferred KRW 1.5 million to the same account on September 29, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police concerning the Z;

1. The written complaint of the Z;

1. Application of Acts and subordinate statutes, such as detailed statements of deposit transactions;

1. Where Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the Criminal Act of the choice of punishment [the scope of recommended punishment] the grounds for sentencing of imprisonment [the grounds for sentencing of punishment] [the grounds for sentencing of punishment [the scope of recommendation]] in the mitigated area (one month to one year] [the person who has been specially mitigated] or considerable damage was restored [the decision of sentence] in a case where the defendant had previously been punished several times including punishment for the same kind of crime before, and the defendant committed the crime of this case without being aware of it even though he was prosecuted for the same kind of crime and is under trial after being tried for the same crime, the fact that the victim committed the crime of this case without being aware of it was committed at a disadvantage of the defendant, by agreement with the victim, and the fact that the injured person does not want the punishment of the defendant

참조조문

-형법 제347조 제1항

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