(영문) 인천지방법원 2016.04.28 2016고단704

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(영문) 인천지방법원 2016.04.28 2016고단704

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 2013, 2013, the Defendant, at the office operated by the victim C(40 tax) of the victim C (40) in Daegu Jung-gu, Daegu-gu, the Defendant, “E,” is able to newly construct a studio by receiving a loan from the first financial right under the name of the Defendant to repay the debt with the second financial right. Accordingly, the Defendant would pay the second financial right 20 million won after the year.

Although the Defendant made a false statement, the Defendant did not intend to repay the second financial right obligations in order to newly build a studio with a loan because he did not intend to engage in the e and studio business, but did not want to repay personal debts, etc., so even if he borrowed money from the injured party, the Defendant did not have any intent and ability to repay the money.

On July 3, 2013, the Defendant received KRW 18.5 million from the victim to the passbook in the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes on loan certificates, letters, and remittance data;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. In full view of the fact that there is no record of punishment exceeding the fine imposed on the defendant, the victim and the defendant did not reach an agreement, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the age, sex and criminal conduct of the defendant, the process and motive leading to the crime of this case, and the circumstances before and after the crime, a sentence as ordered shall be imposed within the scope of the sentencing guidelines, exceeding the sentencing guidelines.

참조조문

-형법 제347조 제1항

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