(영문) 서울남부지방법원 2018.05.11 2017고단3720

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.05.11 2017고단3720

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates the Human Rights Construction Business Co., Ltd.

On February 12, 2016, the Defendant made a false statement to the effect that “If the construction fund is short of construction fund, if the construction fund is extended to KRW 10 million, the construction is terminated and the payment will be made together with the interest” to the victim E who followed the financial lending relationship between D and D, from June 2015, the Defendant’s trade name at the point where it is impossible to identify the trade name of the head of the Gangseo-gu Seoul Metropolitan Government Seodong-gu Seoul Metropolitan City, the head of the Silsan-dong market.

However, the defendant did not have any intent or ability to repay even if the defendant borrowed money from the damaged party due to the lack of financial capacity, such as the progress of crowdfunding construction on the ground of proxy construction, because of the lack of credit standing.

As above, the Defendant, by deceiving the victim, received KRW 10 million on the same day from the victim to the single bank account under the name of the Defendant, and acquired it by fraud, and acquired the total of KRW 30 million on three occasions until April 15, 2016, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, considering the following factors: (a) the number of offenses in the instant case for sentencing under Article 62(1) of the suspended sentence; (b) the degree of recovery from the society; (c) the Defendant’s criminal records; and (d) the Defendant’s criminal records, etc., the sentence identical to the disposition shall be imposed by taking into account the following factors: (a) the Defendant’s age, sex, environment

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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