logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.10.24 2014고단2147
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Seoul Southern District Court on February 17, 2012, and the judgment became final and conclusive on February 17, 2012.

On September 22, 2009, the Defendant stated that “Around September 22, 2009, the Defendant lent money to the victim E at the office D office of Yeongdeungpo-gu Seoul Metropolitan Government Cbuilding Co., Ltd., Ltd., the victim E.

However, since the defendant had no property at the time and there was no measure to pay money to the defendant, even if he borrowed money to the victim, there was no intention or ability to pay the money.

Around September 22, 2009, the Defendant, by deceiving the victim, received three million won from the victim to the account in the name of F, the wife of the Defendant, around September 22, 2009.

In addition, the defendant at the same date and at the same place, the victim stated that "it is necessary to receive a bond from the Dispute Resolution Co., Ltd., which has an executive officer in Korea, and he/she shall repay 50 million won to the bank account in the name of D around September 25, 2009." The defendant was transferred 50 million won from the victim to the bank account in the name of D around September 25, 2009.

In addition, around October 1, 2009, the Defendant provided that “The Defendant shall lend KRW 20 million to the victim within the acceptance day of the loan” at the same place, and that it received KRW 10 million from the victim around October 1, 2009 and KRW 10 million around October 6, 2009, respectively.

Accordingly, the defendant, by deceiving the victim, acquired a total of 73 million won from the victim by transfer.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including E statements);

1. Statement to E by the police;

1. Registration of a record of G mail;

1. A copy of the loan certificate or a copy of passbook;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same kind of judgment), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution;

arrow