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Reasons
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(영문) 대전지방법원 천안지원 2016.04.29 2015고단2227
사기
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The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around August 2008, the Defendant stated that “D main points” operated by the Victim C in Asan-si B, Asan-si, would be repaid within two months from lending KRW 10 million to the victim, and if it is impossible, E would be transferred to the victim.”

However, the facts did not have the intention or ability to repay the money from the damaged party, and there was no intention or ability to transfer the money to the injured party in the E-style form of the defendant's operation.

As above, the Defendant was granted KRW 9 million on the same day from the person who was accused of the victim, and received KRW 29 million on May 21, 2009, and KRW 2.2 million on the Habman of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the custody of cash;

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 stay of execution (Consideration of favorable circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing guidelines [types] : Class 1 (type below KRW 100 million) (type of general fraud) - In the case of intentional deceptive act: In the case of intentional deceptive act committed, or where the degree of deceptive act was weak, [Determination in the sphere of recommendation] / [Determination in the sphere of recommendation] / [The scope of recommendation] 1 month to 1 year [the main reason of suspended execution] - negative: in the case of agreement / positive deceptive act; where the degree of deceptive act was weak; where the amount of actual damage is considerably small (where the amount of damage not recovered is less than KRW 50 million), where the amount of actual damage is considerably small (where the amount of damage not recovered is less than KRW 50 million) - There is no criminal conviction or more than suspended execution.

2. Each sentencing factors and factors in the decision of sentence, the injury has not been recovered, and the victim has been punished.

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