(영문) 인천지방법원 2016.04.28 2015고단7553

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(영문) 인천지방법원 2016.04.28 2015고단7553

사기

Text

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

On July 25, 2012, the Defendant may reduce 10% of the investment money to the victim D by importing Damond Won from India and making investment in the world and selling it.

“A false statement” was made.

However, even if the defendant received the above money from the injured party, he did not have any intent or ability to return the above money to the injured party through the above business.

Around July 25, 2012, the Defendant deceivings the victim as above and caused the victim to obtain a loan of insurance terms and conditions, and was given a loan of KRW 3 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 32(1)3, (2), and (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (no person subject to special sentencing] of the type 1 (less than KRW 100 million) general fraud;

2. The fact that there is a past record of being sentenced to a fine for the same kind of crime as the sentence is to be sentenced, etc. shall be considered to be a favorable condition, such as the fact that the error is against the disadvantage, the fact that the victim and the victim have agreed smoothly, etc., and the punishment shall be determined like the order, in consideration of all kinds of sentencing conditions, including the defendant's age, sex, environment, motive and circumstance

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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