(영문) 서울동부지방법원 2014.08.27 2014고단1570

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2014.08.27 2014고단1570

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around June 2012, the Defendant made a false statement to the victim C, stating that “B is the head of the headquarters in the comprehensive market of Seodaemun-gu Seoul Jongno-gu Seoul Metropolitan City,” and that “B is the head of the headquarters in the comprehensive market.” If B is to lend money to B, it shall be lent to B, and 5% interest shall be reduced to the party, and 5% interest shall be paid to each 10 day. The principal shall be repaid in full only once a month if he/she is the party that he/she would have paid the principal. He/she will also pay the principal after deducting the office deposit even if he/she is deducted.”

However, in fact, the Defendant did not have any idea to lend the money borrowed from the victim to the person who performs the funeral service, and the Defendant was thought to have lent money to the persons who do gambling in the above comprehensive market (the name of the so-called gambling butts) or to have used the money as living expenses, etc., the office deposit is limited to KRW 15 million, and the office deposit is limited to KRW 30 million without any occupation at the time, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victim, such as there was no property or personal liability, and there was no money.

On June 25, 2012, the Defendant received KRW 9.5 million from the victim to the bank account in the name of the Defendant and received KRW 6,1250,000 from that time to November 18, 2012, total sum of nine times, as shown in the list of crimes, from the time on which the Defendant received transfer from the victim to the bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect examination of the accused by the prosecution and the police (including the C statement);

1. Statement to C by the police;

1. Written complaint filed by C;

1. Each report on investigation;

1. The application of Acts and subordinate statutes to copies of pocketbooks, seals, and transcripts;

1. The defendant for the reason of sentencing under Article 347(1) of the Criminal Act, covering the pertinent Article of the Criminal Act and the choice of punishment, shall be the victim.

참조조문

-형법 제347조 제1항

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