(영문) 춘천지방법원 강릉지원 2017.12.20 2017고단558

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(영문) 춘천지방법원 강릉지원 2017.12.20 2017고단558

사기

Text

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

Reasons

Punishment of the crime

In China, the defendant borrowed 90,000 won from the victim C as gambling funds.

On May 10, 2008, the Defendant stated that the Defendant would make a false statement on the part of the Cheongyang-gu, China’s Cheongyang-gu, Cheongyang-gu, 200,000 won of the loan to the above Defendant, “The president of our factory did not receive the loan immediately, and the 500,000,000 won of the loan to the Do governor before the loan to the Do governor, together with the loan from the 500,000 won of the loan to the Do governor, until December 30, 2008.”

However, the Defendant did not have any intention or ability to pay the said money within a given period, even if he/she borrowed the said money from the injured party without any specific property, even though he/she did not have any intention or ability to pay the said money under the status of 90,000 won and 500,000 won debt owed to other persons.

As above, the defendant deceivings the victim, and was issued 50,000 won worth 74780,000 won by the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C statement of the suspect interrogation protocol against the accused in the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to file a complaint, each borrowing receipt, each investigation report (Submission of materials filed by a complainant, each correction of facts constituting a crime), investigation report (Submission of materials filed by a complainant), mail, personal immigration status, investigation report (specific market price of damage) to the accused;

1. Article 347(1) of the Criminal Act and Article 347 of the Criminal Act regarding criminal facts, the defendant led to the confession of the crime, the amount of damage was reasonable, and the damage was almost not recovered, and the circumstance of the case is not good.

In addition, it is doubtful whether the defendant is making efforts to recover damage.

Therefore, the sentence of imprisonment is inevitable on the defendant.

Provided, That the punishment shall be determined as per the order in consideration of the circumstances favorable to the defendant above.

참조조문

-형법 제347조 제1항

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