(영문) 서울남부지방법원 2012.10.31 2012고단2169

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자간(%)

(영문) 서울남부지방법원 2012.10.31 2012고단2169

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 14, 2011, the Defendant made a false statement that “The Defendant would sell to the Defendant 300 million won since he/she had 28 tons of scarcity 1308 in the E office operated by the Victim D, Yeongdeungpo-gu Seoul Metropolitan Government Office (Seoul) Ctel 1308.”

However, around January 2006, the Defendant, at the same time, was entrusted by G, the owner of scartop and kept scartop stone in the warehouse managed by the Defendant. On or around March 2008, G filed a complaint against the Defendant and F by embezzlement and was investigated by the police and the prosecution on September 6, 2010, and it did not have any intent or ability to sell scartop stone even if he received the sales amount from the victim, due to the circumstances under which G filed a complaint against the Defendant and F by embezzlement and was investigated by the police and the prosecution.

As such, the Defendant, by deceiving the victim, received five million won through H, which is the seat of the victim, on the 12th of the same month from the victim under the pretext of sale proceeds, and transferred 30 million won to the Defendant’s account on the 14th of the same month, and transferred 15 million won to the Defendant’s account on the 20th of the same month, and received 15 million won from the Defendant

4. A total of KRW 100,000,000,000 shall be issued with cashier's checks, and shall be acquired by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the statement section of D);

1. Statement of statement to D or I by the police;

1. Application of Acts and subordinate statutes governing custody certificate;

1. The grounds for sentencing a sentence of imprisonment under Article 347(1) of the relevant criminal facts, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, this case’s reasoning for sentencing a sentence of imprisonment with prison labor is that the Defendant sold scartos, which are not owned by the Defendant himself, to the victim, and considerable damage was inflicted, and no recovery from damage was made even if the Defendant had given considerable time to recover damage was made. The victim’s scarbs were scarbsing the Defendant’s severe punishment, and all

참조조문

-형법 제347조 제1항

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