(영문) 전주지방법원 2015.12.22 2015고단1710

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.12.22 2015고단1710

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 27, 2012, the defendant lent '30 million won to the victim CL (the age of 29) at an insular area (the age of 29) before the Jeonju on July 27, 2012, he/she will be employed in the modern automobile manufacturing management office

“The purpose of “ was to make a false statement.”

However, the fact is that the defendant tried to use money from the victim for personal purposes, and there was no intention or ability to employ the victim to work in the production and management office of the Hyundai Motor Utility Complex.

Nevertheless, the Defendant deceiving the victim as above and transferred 30 million won to the post office account (Account Number CO) in the name of the Defendant from the No. CM account (Account Number CN) signed by the victim on August 10, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police concerning the CL;

1. A complaint;

1. Application of Acts and subordinate statutes of notarial deeds (No. 5 of the evidence list), and details of deposit and withdrawal transactions (No. 6 of the evidence list);

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. From one month to ten years of punishment by law; and

2. Where the victim has a considerable responsibility for the occurrence of crimes or the expansion of damage to the victim in the mitigated area (one month to one year) of category 1 (less than 100 million won) (special mitigation) by means of general fraud according to the sentencing guidelines;

3. Recognizing that the Defendant recognized the instant crime and is in depth divided, the victim who attempted employment by unlawful means is highly responsible for the occurrence of the instant crime or the expansion of damage, there is no record of punishment for the same crime before the Defendant committed the instant crime, and there is relatively old age for the Defendant to 68 years and is not good in health.

However, the crime of this case is committed by acquiring 30 million won from the victim by taking advantage of the defendant's job placement.

참조조문

-형법 제347조 제1항

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