(영문) 대전지방법원 홍성지원 2016.01.29 2015고단1051

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2016.01.29 2015고단1051

사기

Text

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

Reasons

Punishment of the crime

On March 24, 2008, the defendant would pay the price within one week on the part of the owner of the victim D in Bosa-si D in Bosa-si, Bosa-si.

“A false representation was made.”

However, in fact, the Defendant did not have any intention or ability to pay the amount at the time, even if he was supplied to the victim due to a situation in which he was unable to perform his obligation, even if he was no longer able to perform his obligation due to the continued business failure such as lending bonds from F, etc. or using credit card services, etc., with accumulated loss of KRW 20,000,000,000,000,000 from around 206.

Nevertheless, the Defendant, as such, by deceiving the victim, received the delivery of 8,100 km equivalent to the total market price of KRW 106,257,60 in E from the victim on the same day from the victim, from March 28, 2008, from then to March 28, 2008, through the supply of 15,256 km equivalent to the total market price of KRW 181,589,00, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including the parts concerning D or G statements);

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on transaction details;

1. Article 347(1) of the Criminal Code of the pertinent legal provision on criminal facts (as a whole, the defendant and his/her defense counsel choose a sentence of imprisonment) [the defendant and his/her defense counsel] asserts that the defendant did not temporarily pay the price due to the aggravation of the defendant's economic situation. Thus, the defendant did not have the intent to acquire the money, and that the amount of the

However, in light of the following: (a) the Defendant’s income at the time of the instant case; (b) the place of use of the supplied housing sales proceeds; and (c) the Defendant’s economic situation up to the instant case; and (d) circumstances leading up to the Defendant’s failure to pay the proceeds, etc., the Defendant would take care of the victims at the time of receiving the housing payment

참조조문

-형법 제347조 제1항

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