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(영문) 대전지방법원 천안지원 2021.02.02 2020고정489
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was a person engaged in visiting and selling cosmetics, etc., and he became aware of the victim B.

On October 6, 2019, the Defendant: “The Defendant is raising a lot of money by providing the victim with personal financing of KRW 300,000 to the victim by telephone at a non-permanent place.”

If investments are made, the principal will be guaranteed and 12% of the investments will be paid as interest every month.

“False speech was made to the effect that it was “.”

However, in fact, the defendant had the intention to receive investment money and use it for personal debt repayment such as card payment, etc., and there was no intention or ability to pay the principal, profit, etc. to the victim.

Around October 9, 2019, the Defendant: (a) by deceiving the victim; (b) received KRW 1,000,000 from the victim to the account (D) of our bank account with C name around October 9, 2019; and (c) received KRW 8,650,000 in total under the same name from the victim on seven occasions from November 16, 2019 as stated in the list of crimes in the attached Table from November 16, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the transaction statement B by the National Bank B on the police statement protocol B, and the Kakao Stockholm text content

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, acknowledges his act, and there are no criminal records of the same kind.

However, the defendant's failure to pay the victim's compensation and thereby the victim's punishment is disadvantageous.

In addition to this, the punishment as ordered shall be determined by comprehensively taking into account various circumstances revealed in the trial process, such as the amount of fraud, the age of the accused, family environment, background of the crime, and circumstances after the crime.

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