(영문) 서울북부지방법원 2017.04.28 2017고단769

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자간(%)

(영문) 서울북부지방법원 2017.04.28 2017고단769

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On June 1, 2016, the Defendant borrowed KRW 2,50,000 to the victim N of the victim of the Dongdaemun-gu Seoul Metropolitan Government neighboring Ma.

In addition, it was false to the effect that the Defendant was working for the victim in KBS, and the mother of the Defendant in Gwangju-do has real estate in the name of his mother, and that the bank can pay 370 million won with the deposit of KRW 370 million.

However, there was no company accompanying at the time, and there was no intention or ability to repay the debt amounting to KRW 8 million with no fixed income or special property, even if the defendant borrowed money from the damaged party.

As above, the Defendant, as from the time when he received transfer of KRW 250,000 to the post office account (P) account of O, the mother of the Defendant on the same day by deceiving the victim and deceiving the victim.

8. From 30.30 to 30.30, a total of 37,910,000 won was received through a total of 66 times, such as the written list of offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the N;

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

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Act on the Selection of Punishment, Article 347(1) of the Criminal Act, the Defendant’s reason for sentencing of imprisonment with prison labor, and the crime of this case is deemed to be a confession and reflect the crime of this case. Meanwhile, the crime of this case is committed by taking into account the following factors and sentencing guidelines, including the fact that the Defendant committed the crime of this case, despite the fact that he/she had been punished twice by a suspended sentence on or around the day of 2009 and the fact that he/she committed the crime of this case, even though he/she had been punished by a fine on two occasions around the day of 2014.

참조조문

-형법 제347조 제1항

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