(영문) 대전지방법원 서산지원 2021.02.25 2020고단1045

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(영문) 대전지방법원 서산지원 2021.02.25 2020고단1045

사기

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On March 28, 2019, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment with labor for fraud, etc. at the Daejeon District Court on June 28, 2019, and the judgment became final and conclusive on April 5, 2019.

[2] The Defendant: (a) purchased real estate equivalent to KRW 1,300,000 in 1,30,000 in 1,30,000 in 3.3 billion, and planned to operate a building; (b) borrowed KRW 35,500,000 as a deposit for establishing a corporation for construction of a building; and (c) sold in lots the building of 35,000,000 in 3.5 million in 201.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the defendant had no intention or ability to sell a commercial building to the victim because of the absence of the purchase of real estate in C at the time of the truth, and the defendant was thought to use the commercial building as a mutual agreement for a criminal case in which he had been pending at the time of trial after receiving the above money from the victim.

Nevertheless, the defendant deceivings the victim as above and transferred 35 million won to the E account in the name of D used by the defendant on the 19th day of the same month from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement statement statement statement No. B is proved to the effect that the defendant did not sell a commercial building to the victim even if he/she fully acknowledges the intention of deception and deception, but the victim's statement is reliable in light of the fact that the defendant borrowed money with the victim's design drawing, it is believed that the victim's statement is reliable in light of the fact that the defendant borrowed money to the victim.

As such, the above argument is rejected.

Application of Statutes

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act:

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