(영문) 대전지방법원 2017.04.25 2016고단4585

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(영문) 대전지방법원 2017.04.25 2016고단4585

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 2016, 2016, the Defendant jointly purchased the land from the victim D at the office of the Co., Ltd., Ltd., Ltd., which is located in Daejeon Seo-gu, Daejeon., the Defendant: “The good factory site at Sejong-gu, which is capable of transferring the C factory, has been sold to the victim D in the amount of KRW 50 million.

G.C. “F.D.” was false.

However, even if the Defendant received the money from the injured party as the down payment for the above factory site, he was planning to use the money as personal debt repayment and gambling money. Since the instant factory site did not have been under contract, he did not have any intention or ability to use the said money as the down payment for the factory site.

On March 22, 2016, the Defendant: (a) by deceiving the victim; (b) obtained money from the victim to the Saemaul Treasury account in the name of the Defendant on March 22, 2016 as the down payment of the factory site; and (c) obtained money from the victim to the same account on March 31, 2016, totaling KRW 24.5 million from the same account on March 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The written statement of the defendant;

1. A criminal investigation report (a written statement of the details of the deposit account for damage and of the suspect's statement of the gold user);

1. Application of Acts and subordinate statutes to a copy of a bankbook (30 million won transaction), and a copy of a bankbook (245 million won transaction);

1. In light of the relevant Article of the Criminal Act as to the crime, Article 347(1) of the Criminal Act, the motive and method of the crime for the sentencing of the punishment of imprisonment, the developments leading up to the crime, the amount of the money obtained by defraudation, and the place of the use of the money by defraudation, etc., the sentence is inevitable, in view of the fact that the nature of the crime is inferior and no effort is made to recover

Provided, That the punishment shall be determined and sentenced as ordered in order to give an opportunity for the defendant to reach an agreement in a state of non-detention in consideration of the fact that the defendant has led to an offense, has no same criminal record and has no record of crime exceeding the fine.

참조조문

-형법 제347조 제1항

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