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인천지방법원 부천지원 2015.08.21 2015고단1812

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 18, 2009, the Defendant made a false statement to the victim E “D restaurant” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si C, stating that “The Defendant shall engage in credit business, and the house circumstances are not good, and if you lend 5 million won, he will give two interest and complete payment within two months.”

However, the Defendant was merely a person engaged in a credit business under the name of “F” and did not actually engage in a credit business, and did not have any property and did not have any intent or ability to repay the money borrowed as above.

The Defendant received a total of KRW 165 million from around 18 times to September 7, 2010, including the Defendant received KRW 5 million from the victim as a loan from the same day, i.e., on the same day as the loan, from the victim, from around 2000 to September 7, 2010.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes on loan certificate attached to the complaint;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The reason for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] in the case where there is no person who has a special form of punishment [the decision of sentence] in the first step increased as a result of the combination of types 2 (not less than KRW 100 million, but less than KRW 500 million) in the basic area (8-4 years) [the decision of sentence] [the defendant is against his mistake], and the defendant is the first offender who has no record of criminal punishment, but the amount acquired by the defendant from the victim reaches KRW 1.60,00,00,00 won, and the majority of the damage amount is not repaid, and the defendant's age, character, environment, health status, family relationship, motive, means and result of the crime, and the circumstances after the crime, etc. are considered in the arguments of this case.