(영문) 서울중앙지방법원 2018.02.14 2017고단6522

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(영문) 서울중앙지방법원 2018.02.14 2017고단6522

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 9, 2011, the Defendant would return KRW 100 million to the victim D at the office of 1101, Seoul Jung-gu, Seoul, Seoul, to the effect that “Around September 9, 2011, the Defendant would have received a written confirmation of loans from financial institutions until September 24, 201, and would not receive confirmation of loans from financial institutions.”

The phrase “ makes a false statement.”

However, in fact, the Defendant received KRW 100 million from the injured party and intended to use it for personal purposes, and the Defendant did not have the intent or ability to have the victim get a substitute loan from financial institutions, and there was no intention to return KRW 100,000 to the victim if he failed to obtain a substitute loan.

Ultimately, the Defendant, as seen above, had the victim enticed, and was issued one copy of the KRW 100 million check under the pretext of an agreement for the loan from the victim on the same day, namely, on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of the contract, receipt, and a copy of the check before himself/herself;

1. On the grounds of sentencing under Article 347(1) of the Criminal Act in relation to the pertinent criminal facts and Article 347(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the following circumstances and the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be imposed in full view of the sentence as ordered.

Unfavorable circumstances: The amount of fraud of this case is high as KRW 100 million.

There was no agreement with the victim, and the damage was not recovered at all.

There is a record that the defendant was punished for the same crime.

A favorable circumstances: The defendant is recognized to commit a crime and is against the defendant.

참조조문

-형법 제347조 제1항

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