logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.06.02 2016고단6001
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 7, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Daegu District Court on July 7, 2016 and the said judgment became final and conclusive on July 15, 2016.

On November 4, 2014, the Defendant would offer to the victim D prior to the foreign exchange bank located in the Daegu Suwon-gu, Daegu-gu, D employment of the young children.

A false statement was made that the relationship between the inside and outside of Korea is strong and that the following is actual, such as straw, S, Oilday, Consideration, Pusan metal, modern iron, etc., so if you speak, it may be employed anywhere."

However, the facts are that the defendant merely neglected the connection of the North Korean background, and did not have the intent or ability to have the victim find a job even if he received the money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 30 million in cash from the victim on November 2, 2014, and KRW 5 million in cash from the police officer on November 2, 2014, and received KRW 10 million around November 21, 2014, and received KRW 55 million in cash from the Defendant’s corporate bank account on November 21, 2014, and received KRW 10 million on November 27, 2014, and received KRW 55 million in total from the Defendant’s corporate bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement made in the police statement protocol with D;

1. The details of account transactions and investigation reports (the details of criminal suspect's use of money); and

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes in which inquiries, such as criminal history, investigation reports (verification of the suspect's same force as the suspect), and inquiries are made;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Act for the Handling of Concurrent Crimes (the crime of fraud recorded in the judgment was committed between May 201 and August 2012, and the Defendant was sentenced to ten months of imprisonment for fraud at the Daegu District Court on October 31, 2013 and two years of suspended execution, and the above judgment became final and conclusive on November 8, 2013. As such, the crime of fraud recorded in the judgment prior to the judgment is in the relationship between fraud for which the judgment became final and conclusive on November 8, 2013 and the latter part of Article 37 of the Criminal Act.

arrow