(영문) 서울남부지방법원 2015.03.26 2014고단4589

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(영문) 서울남부지방법원 2015.03.26 2014고단4589

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, around April 14, 2014, at the office of C, a broker of the Yeongdeungpo-gu Seoul Metropolitan Government B building 902, via C, stated that “The victim D, including the purchase cost of the vehicle, shall be KRW 58 million, including the cost of purchasing the vehicle, so that the cargo number plate (E) can be driven and carried out for cargo transport work,” from around April 14, 2014, the Defendant stated that “the payment shall be made in installments after commencing the work.” From around April 14, 2014, the Defendant stated that “the payment shall be made in installments.”

5. Until 14.1, the victim received a total of KRW 46 million from the victim via C to the Defendant’s corporate bank account in F’s name used by the Defendant, and wired KRW 4 million to the G account in the name of the transporter.

However, the defendant was thought to receive the above money due to the shortage of debt and living expenses at the time, etc., and even if he received the cargo vehicle price from the victim, he did not have the intent or ability to purchase the above vehicle and to make it be transported.

Nevertheless, the Defendant, through the above C, made a false statement to the victim, and received 46 million won from the victim as the purchase price for cargo vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

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

1. The relevant provision of criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence of imprisonment [the scope of recommending punishment] General Fraud and No basic area (6 to 100 million won) (6 to 1 year and 6 months) [the decision of sentencing] [the decision of sentencing] Defendant committed the instant crime even though he/she had been punished by a fine in 2001 or by a suspended sentence in 207, even though he/she had the record of being punished by a suspended sentence in 207, and even if the amount of damage exceeds 46 million won, it is inevitable to sentence sentence against Defendant on the ground that it did not recover from damage.

On the other hand, the defendant recognizes and reflects the crime.

참조조문

-형법 제347조 제1항

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