(영문) 광주지방법원 2016.10.19 2016고단2840

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2016.10.19 2016고단2840

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a nursing worker, and the victim C was aware of the fact that the distribution center came to know about August 2012.

On August 21, 2012, the Defendant made a false statement to the victim by telephone, stating that “I will return home in Japan if I will return home,” “I will return home in Japan, I will return home in the end of August, 2012, while I will not communicate with the mother, because I will not communicate with the mother, and I will lend 500,000 won of father’s weak value.”

However, in fact, as the defendant got divorced at the end of 2011, he was only in need of living costs due to economic difficulties, and there was no possibility of receiving money from the victim, and even if he borrowed money from the victim, he did not have any other ability or intent to make repayment.

As above, the Defendant, by deceiving the victim, received KRW 500,000 from the victim to the post office account under the name of the Defendant on the same day as the loan money, and from October 21, 2013, by deceiving the victim on 17 occasions as shown in the list of crimes in the attached Form, and received KRW 56,50,000 in total as the loan money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a complaint, a detailed statement of monetary transactions, details of transactions (C), and details of transactions in post office accounts;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommending punishment] General Fraud / [the decision of sentencing is made in six months to one year] / [the decision of sentencing] Defendant committed the instant crime on several occasions in which the Defendant actively induces the victim, and committed the instant crime over one year or more, and the amount of damage in this case is 56,50,000 won, the amount of damage in this case is 56,500,000 won, and it is not agreed with the victim until now, etc.

However, the fact that the defendant commits a mistake and partly pays money to the victim.

참조조문

-형법 제347조 제1항

유사 판례

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