logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2014.08.26 2014고단247
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On January 13, 201, the Defendant made a false statement to the victim “D” column of the victim’s operation “D” located in Incheon Reinforcement Group B, stating, “I will pay the aforementioned prepaid payment by working as an employee from January 16, 201 on the face of KRW 3 million with the advance payment.”

However, even if the defendant received the advance payment from the victim, he did not have any intention or ability to pay the advance payment.

The Defendant received KRW 3 million from the victim to the Agricultural Cooperative Account in the name of E in advance on the same day on the same day.

2. On January 16, 201, the Defendant made a false statement by phone call to the victim C at a place where it is unknown on January 16, 2011, stating, “As it is possible to demand more than 500,000 won of the prepaid payment of the AC as it is operated by the party, it would be possible to call to the victim C for a single name.”

However, there was no woman to introduce the defendant to the victim.

The Defendant received 500,000 won from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol regarding E;

1. Each statement made by the police officer in relation to C and F;

1. Application of each statute to a copy of a certificate of borrowed money, a copy of the statement of transactions, and a statement of transactions of ordinary deposits;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Sentencing Criteria [Determination of Punishment] Group of Fraudulent Offenses, Type 1 (less than KRW 100 million) of General Fraud (the scope of recommending punishment): Imprisonment with prison labor for a period of six months to one year and six months: None of special factors / None of special factors:

3. Determination of sentence: Four months of imprisonment; and

4. Whether to suspend the execution of sentence: positive damage.

arrow