(영문) 인천지방법원 2015.11.26 2015고단5864

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자간(%)

(영문) 인천지방법원 2015.11.26 2015고단5864

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 2, 2008, the Defendant made a false statement that “If the Defendant borrowed the money required for business funds from the Defendant’s house located in Gyeyang-gu Incheon Metropolitan City, the Defendant would have to pay the money to the victim D (hereinafter referred to as “the age of 48”) for the following month.”

However, the defendant did not have any intention or ability to pay the due date even if he borrowed money from the victim due to the lack of certain property or income at the time.

Nevertheless, the Defendant, by deceiving the victim as above, received the total sum of KRW 20 million from the victim on Nov. 2, 2008, KRW 20 million on Nov. 3, 2008, KRW 20 million on Nov. 3, 2008, and KRW 5 million on Nov. 29, 2008 from the victim to the account in the name of Han Bank in the name of the Defendant.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement D in each prosecutor's protocol of examination of the defendant against the defendant;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes regarding specification of transactions;

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, grounds for sentencing of imprisonment [the scope of recommending punishment] of general fraud [the grounds for sentencing of imprisonment] [the person who has no agreement with the victim] [the decision of sentence], there are no records of the same kind, but criminal records at one time of suspended sentence execution and seven times of fine]. After the prosecution of this case, the victim remitted 5.3 million won to the victim, the victim was recognized as a crime, and the victim’s actual damage amount was against this law, and the victim stated that “the police did not inform the victim of approximately KRW 40 million” (see, e.g., evidence record 157 page), but the victim stated that “the victim did not receive KRW 70 million from the defendant.”

(Evidence Records No. 2, 275). The Defendant’s age, character and conduct, environment, and motive and background leading to the instant crime.

참조조문

-형법 제347조 제1항

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