(영문) 서울북부지방법원 2016.08.24 2016고단1421

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(영문) 서울북부지방법원 2016.08.24 2016고단1421

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2013, the Defendant: (a) around February 1, 2013, at the mutually influent multilateral bank located under Dongdaemun-gu Seoul Dongdaemun-gu Seoul, Dongdaemun-gu CB, the Defendant left the victim D with the “SE” to remove the F Housing Redevelopment Service.

The service cost of KRW 100,000,000,000,000,000,000,000,00.

However, even if the defendant received money from the injured party, the defendant did not have any intention or ability to remove the Yeongdeungpo-gu redevelopment even if he received money from the injured party.

Nevertheless, on February 4, 2013, the Defendant, by deceiving the victim as such, was delivered KRW 17.5 million from the victim as a rain fund.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in D in a protocol concerning the examination of the police officers against the accused;

1. Statement made by the police against D;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud.

3. Determination of sentence: (a) the amount of fraud in this case; (b) the remittance of KRW 3 million to the victim on August 18, 2014; (c) there are no records of the same crime except the power of having been sentenced to imprisonment for the same crime on August 18, 201, which is 25 years before the date of the crime; and (d) the fact that the victim has agreed with the victim, taking into account the conditions of sentencing, such as the Defendant’s age, sex behavior, environment

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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