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(영문) 창원지방법원 2020.04.02 2019고단3863
사기
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 10:00 on November 7, 2017, the Defendant stated to the effect that “Around the end of November, 2017, the Defendant would return the principal amount of KRW 20,000 and KRW 20,000,000 to the victim B by telephone, and “I will make an investment of KRW 40,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,000,00

However, the defendant did not have the intent or ability to reduce investment and profit even if he invested KRW 40,00 or received investment money from the victim.

As such, the Defendant, by deceiving the victim, and deceiving him/her as investment money from the victim, shall be KRW 10 million on November 8, 2017, and the same month.

9. The sum of KRW 10 million and KRW 20 million have been transferred to a Cbank account (Account Number: D) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of the loan certificate and the Acts and subordinate statutes reporting the investigation;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the scope of fraudulent offenses: General Fraud [Type 1] and no person who is less than KRW 100 million [the scope of recommendations and recommendations] (the scope of recommendations] and the basic area of recommendations, six months to one year and six months.

3. Although the nature of the crime of this case is not good and the amount of damage is not significant, the punishment is determined as ordered and the community service order is faithfully performed, comprehensively taking account of the following factors: (a) the defendant's mistake is recognized; (b) the amount of fraud is agreed with the victim; (c) the defendant's age, character and conduct; (d) the defendant's character and environment; (e) the motive, means and result of the crime; and (e) all the sentencing conditions

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