(영문) 수원지방법원 2016.07.13 2016고단1344

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(영문) 수원지방법원 2016.07.13 2016고단1344

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2015, the Defendant would give the victim D with a view to installing a cooling cooling system to the victim D, which is located in the Seocho-si B on April 2015.

The phrase was made to the effect that the total installed amount of KRW 14 million changed to KRW 7 million in the down payment.

However, even if the defendant receives down payment from the injured party, he thought that the above money was used for another purpose, and there was no intention or ability to install air conditioners to the injured party.

On April 10, 2015, the Defendant, by deceiving the victim, received 7 million won from the victim to the account of the Co., Ltd. E on April 10, 2015, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act on the observation of protection is based on the following: (a) the details and degree of the Defendant’s deception; (b) the amount of damage; (c) the circumstances after the commission of the crime (the victim appears to have not reached an agreement); (d) the Defendant’s reflective attitude and criminal record relation (the records of punishment for the Defendant as a crime of fraud and a crime of violating the Labor Standards Act) and all other factors of sentencing indicated in the records and changes; and (b) the execution of the sentence is suspended on the condition that the Defendant shall continuously endeavor to recover damage, other than general matters to be observed, by adding special matters to order the observation

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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