logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.09.18 2015고단2665
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

On September 27, 2014, the Defendant stated that “The Defendant: (a) was a high school-friendly victim B (30 years of age) who was employed by a high school-friendly passenger (30 years of age) in the shot-dong 423-2, Seo-gu, Seo-gu, Seo-gu, Gwangju; (b) decided to take over the said company from the president; and (c) shared the trade amount of KRW 30 million with each other; and (d) decided that the Defendant sent the defective business and the first priority to sending the boom-dong business funds.”

However, the defendant, at the time, was liable for the personal debt equivalent to KRW 15 million, and there was no intention or ability to take over the above company without any special property.

As above, the Defendant, by deceiving the victim as above, received money from the victim to the Agricultural Cooperative Account under the name of the Defendant as the partner, which was transferred from the victim, KRW 10 million on October 10, 2014, KRW 13 million on October 29, 2014, and KRW 23 million on October 29, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement B to the Acts and subordinate statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Scope of the recommended sentence on the sentencing guidelines / [Determination of types] of general fraud (less than KRW 100,000) - [Special Convicts] - [Determination of the recommended area] mitigated area of mitigation [the scope of recommendation range] 1-1 year [the scope of recommendation range] - In cases where there are purposes, such as basic living and treatment costs, etc. of mitigation factors - Use of serious reflective relationship between human and confidential information on mitigation factors

2. Whether or not to add a stay of execution - Major reasons for a stay of execution - Where the scale of substantial damage is considerably small, the amount of punishment not to be imposed - the reasons for general participation: A person who has no criminal record of a stay of execution of half or more serious where there are purposes, such

3. Six months (two years of suspended execution of sentence) of imprisonment with prison labor;

arrow