(영문) 춘천지방법원 강릉지원 2017.05.25 2016고단1656

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(영문) 춘천지방법원 강릉지원 2017.05.25 2016고단1656

사기

Text

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

Reasons

Punishment of the crime

On November 4, 2014, the Defendant knew that the victim E, who became aware of inn of “D” in “D” located in “D” in the Seocho Sea-si, was about the issue of employment of a member of the F Trade Union of son, and called the victim around November 18:00 on November 4, 2014, the Defendant asked the victim to find employment.

First of all, it was false to the effect that the 10 million won is “the remittance to the NongHy-gu head of the Tong (H).”

However, even if the defendant received 10 million won from the injured party, he did not have the intention or ability to find the injured party's children as members of the FF trade union, and was thought to use the money received from the injured party as repayment of other debts.

Nevertheless, the Defendant, as seen above, received KRW 10 million from the victim to the said Agricultural Cooperative account on the same day from the victim, and subsequently, received a total of KRW 55 million from the time until June 21, 2016, as indicated in the list of crimes in the attached Table, from the time to June 21, 2016.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, I, and J;

1. Application of Acts and subordinate statutes to a certificate of deposit and a detailed statement of loan transactions;

1. The pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, and Article 347(1) of the Criminal Act regarding the choice of punishment [the scope of recommending punishment] There is no reason (from June to one year and six months) in the basic area (the person who is subject to special sentencing) [the person who is subject to special sentencing] [the sentence] [the defendant gets the victim to find a child, thereby taking the victim's child for a considerable period of time, and taking the victim's child by fraud, so it is not good to the nature of the crime, and the amount of fraud is also reasonable, so it is inevitable to sentence the defendant as to the defendant.

However, the defendant is subject to criminal punishment except that he/she has repaid KRW 2,1150,00 among the amount of fraud, and has been punished by a fine in 190.

참조조문

-형법 제347조 제1항

유사 판례

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