(영문) 수원지방법원 평택지원 2015.01.29 2014고단1713

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(영문) 수원지방법원 평택지원 2015.01.29 2014고단1713

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2014, the Defendant stated that “Inward B applied for individual rehabilitation to a court, the Defendant shall have the money.” However, in the name of the Defendant, the Defendant did not file an application for commencement of individual rehabilitation procedures, and that the Defendant would repay the loan principal at the time when the individual rehabilitation was passed through the four names, and that the Defendant would pay the loan principal at the time. However, in the absence of certain income and property, the Defendant did not request the commencement of individual rehabilitation procedures, and the amount of the loan was KRW 180,000,000,000,000,000 to many other persons upon the request of the victim, other than the victim, was thought to have used in the existing debt repayment and Internet gambling, and even if the Defendant did not have any intent or ability to borrow money from the victim, the Defendant deceiving the victim, and then, on January 20, 2014, 2013B14, 300,000 won and 201,00,00 won account account account around 14.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the details of ordinary deposits, the statement of account transactions, and the investigation report (specific amount of damage);

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

1. There is no room for action in that part of the amount obtained by deception from the victim of the reason of sentencing under Article 62(1) of the Criminal Act, which is obtained through the Internet gambling, etc.

However, considering the fact that the defendant is led to the crime, there is no punishment ability exceeding the fine, and that the victim has agreed smoothly, the punishment shall be taken once more, but the defendant's age, character and conduct, circumstances after the crime, etc. shall be determined like the order in consideration of the age, character and conduct, circumstances after the crime, etc.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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