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(영문) 서울중앙지방법원 2018.01.26 2017고단7736
사기
Text

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

The Defendant is a person who has operated precious metal shops in the trade name of Jongno-gu Seoul Metropolitan Government C 411.

On December 21, 2010, the Defendant made a false statement to the victim “G” store located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government Operation “G,” stating that “I would bring to the Defendant the Defendant a net gold and Damond up to the day of payment of the paid-in money.”

However, the fact was that the defendant had long been selling the Montreal in the course of the operation of the enemy for a long time, such as settling the payment of the Montreal price that he purchased in the past. On December 22, 2010, the defendant thought that he would escape from Japan, so even if he received the money from the victim, he did not have the intention or ability to supply the Montreal, etc.

The Defendant, as such, by deceiving the victim, received KRW 45,649,00 in net money of KRW 239 in total and KRW 1,940,00 in total and KRW 47,589,00 in total from the victim.

In addition, the Defendant received from the Hadman of November 2010 to December 21, 2010 the attached list of crimes [Provided, That the Defendant issued the Montreal and money in the aggregate amount of KRW 160,90,000 (20,000) of the market price on 17 occasions as the date of the commission of the crime No. 15 (i.e., “the around October 16, 2010,” and the “20,000,000” at the end of 17 times, respectively, as in the previous list of crimes (i.e., “the around December 16, 2010,” and (ii) from the total 10 persons who suffered damage on 19 occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of the police statement protocol to H, I, J, F, K, L, M, N,O, and P;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code provides that even though there are many frequency of crimes, the amount of fraud is not stated, the amount of damage (part) is repaid, the entire agreement with the victims can be made, the confessions and reflects, and the primary crimes are considered).

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