(영문) 서울중앙지방법원 2014.04.25 2014고단1310

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.04.25 2014고단1310

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 1, 2007, the Defendant made a false statement that “Around November 1, 2007, the Defendant borrowed funds necessary to obtain an office to reduce the subcontract price of the Jincheon-gu, Busan, Seocheon-dong, Seocheon-gu, Busan, to the construction site, and the victim C and D.”

However, the fact was that the defendant did not conclude a contract for construction in the Republic of Korea, the executor of the above underground shopping mall, and the above underground shopping mall. Since there was no intention or ability to conclude a contract for construction, even if the defendant borrowed money from the victims, he did not have the intention or ability to subcontract the above interior work to the victims, and there was no intention or ability to pay the money.

Nevertheless, as seen above, the Defendant, by deceiving the victims, was granted KRW 16 million around November 1, 2007 and KRW 29 million around February 2, 2007, as the borrowed money from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the accused concerning the suspect examination protocol of the prosecution;

1. Protocol concerning the interrogation of each police suspect regarding E;

1. Statement of each police statement about D and C;

1. A copy of receipt, a statement of transaction records, a copy of receipt without passbook, and a copy of the agricultural bank passbook;

1. Application of investigation reports ( telephone conversations between the staff of the Korea Urban Development Corporation and the Korea Urban Development Corporation);

1. The pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act’s reasoning for sentencing [the scope of recommending punishment] of imprisonment with prison labor for six months from six months to one year and six months (decision of sentencing] as to the crime, the Defendant has already been sentenced to a fine for fraud on several occasions.

The amount of damage caused by the crime of this case is not so much and is not completely restored, and the defendant denies the criminal intent of defraudation until the court.

The age, character and conduct, family environment, motive and circumstances of the crime, and the crime.

참조조문

-형법 제347조 제1항

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