(영문) 인천지방법원 2020.02.06 2019고단5652

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 인천지방법원 2020.02.06 2019고단5652

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around March 2018, the Defendant made a transaction of purchasing merchandise coupons by receiving money from the victim, by suggesting that “in-house merchandise coupons may be kept at a price lower than the market price. If a merchandise coupon is to be purchased, a merchandise coupon may be sold at a price and a profit may be paid by selling it.”

On August 18, 2018, the Defendant made a false statement that “When sending the purchase price of merchandise coupons, the Defendant would purchase merchandise coupons on October 10, 2018” by phoneing to the victim at the F Customer Center where the Defendant in Geumcheon-gu Seoul Metropolitan Government Defendant works.

However, the defendant did not have any intent or ability to purchase merchandise coupons and pay it to the victim even if he receives money from the victim as the purchase price for merchandise coupons because he did not have any specific property at the time.

As such, the Defendant, by deceiving the victim, received a sum of KRW 5 million from the victim as the purchase price of gift certificates from the victim to the G account under the name of the Defendant, and acquired KRW 38,002,80 in total over 11 times from around that time to September 28, 2018, as stated in the attached crime inundation list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Investigation reports (Submission of details of transactions accused of complaint);

1. The Kakao Stockholm dialogue;

1. Application of the statutes governing detailed transactions and details of each account;

1. The relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the reasons for sentencing choice of imprisonment with prison labor;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. The decision of sentencing is erroneous and exceeds the same criminal record or fine; and

참조조문

-형법 제347조 제1항

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