(영문) 창원지방법원 2013.11.15 2013고단2406

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Reasons

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크기(pt)

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자간(%)

(영문) 창원지방법원 2013.11.15 2013고단2406

사기

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around November 2009, the Defendant made a false statement to the victim C, “I would pay a lot of profits if I make an investment in money to oneself who is engaged in bond business.”

However, the defendant had a debt exceeding 20 million won at the time, and even if he received money from the victim, he did not have any idea to use it for the bond business, so there was no intention or ability to distribute a large amount of profit to the victim.

As above, the Defendant, by deceiving the victim as above, received five million won from the victim with a new bank account (Account Number: D) in the name of the defendant as investment money from the victim, from November 16, 2009, three million won around November 17 of the same year, five million won around November 18 of the same year, five million won around December 10 of the same year, and five million won in total around December 16 of the same year, and five million won around December 16 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Complaint;

1. The application of Acts and subordinate statutes to record and report recording;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

2. Although the suspended sentence is required to be strictly punished against the defendant, considering the fact that the defendant led to the confession and reflects of the crime of this case, partial amount of damage is repaid, and the victim does not want to be punished by agreement with the victim, there is no record of punishment exceeding the fine, and there is no record of punishment exceeding the fine, and there is no other record of punishment exceeding the fine, and the defendant's age, character and behavior, character and character, intelligence and environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the suspended sentence is to be sentenced to imprisonment with prison labor for the defendant, taking into account all the conditions of punishment as shown in the arguments of this case, such as the crime of this case

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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