(영문) 수원지방법원 안산지원 2015.10.15 2014고단1835

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(영문) 수원지방법원 안산지원 2015.10.15 2014고단1835

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 10, 2012, the Defendant made a false statement to the victim U as “I will be awarded a contract for an officetel located in the first floor of Mapo-gu Seoul Mapo-gu Seoul Airport. I know well the auction official of the original court and the branch office of the Gyeongnam Bank. If the fee is paid KRW 20 million, the auction procedure for the above officetel will not be delayed, and the above officetel will be awarded a contract for the above officetel.” The Defendant made a false statement to the effect that “I will not know that there is a deposit of KRW 3 billion in the passbook.”

However, the defendant did not know the official auction officer of the Changwon court and the head of the branch office of the Gyeongnam bank, and 3 billion won deposited in the passbook is not the amount owned by the defendant, so even if 20,000 won is paid, the above officetel's auction procedure is not delayed, and there was no intention or ability to allow the victim to receive the above officetel's successful bid.

Nevertheless, the Defendant received KRW 10 million in total, including KRW 10 million, and KRW 9.5 million in June 5, 2012, from the victim’s account in the name of the Defendant, for fee, from the victim.

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

Summary of Evidence

1. Parts of the statement of the defendant in the first trial record;

1. Statement of the police statement to U;

1. Inquiry into the details of deposits and withdrawal transactions;

1. Application of Acts and subordinate statutes of the Implementation Statement;

1. The punishment of a defendant is inevitable in light of the fact that the criminal defendant committed the instant crime and the injury has not been restored, although the reason for sentencing under Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act, committed the instant crime despite the fact that the defendant was punished by a fine and a suspended sentence of imprisonment for the same kind of crime

However, the fact that the defendant is against the defendant, and deposited KRW 1,00,000 for the victim, and other conditions of sentencing, such as the background of the crime in this case, the age, character and conduct of the defendant, and the environment, shall be equally considered in determining the punishment as ordered.

참조조문

-형법 제347조 제1항

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