(영문) 서울동부지방법원 2013.06.26 2013고단535

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2013.06.26 2013고단535

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 10, 201, the Defendant, the representative of the C Farming Cooperative, was a person engaged in the field-sale business. On January 10, 201, the Defendant made a false statement that “F office, “F office, with the knowledge of a high-quality person to the CFF and upon request of the victim, may arrange for a market in bulk, as it would be possible to supply the funds to the agricultural cooperative, i.e., e., one set upon request from the victim., a person who is aware of a high-quality person to the CFF.” First, if the business fund is insufficient, it will

However, the Defendant did not know of the high-level person of the NAC, and did not secure a market for large distributors, such as Nonghyup and NAT, and CFF had already been operated since 2010, and there was no property in the name of the Defendant, and personal debt exceeds 500 million won, so there was no intention or ability to arrange a market for the supply of NAC, even if the Defendant borrowed money from the victim. Therefore, there was no intention or ability to repay the borrowed money.

As above, the Defendant, by deceiving the victim, received KRW 10 million on the same day, KRW 5 million on January 25, 201, and KRW 25 million on March 29, 201, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the E part concerning the statement);

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant again commits the instant crime despite the fact that the Defendant had been punished as the same type of crime, the amount of damage suffered by the victim is not so much, and the actual damage has not been recovered up to now, and the Defendant agreed to pay the amount of fraud by the victim in installments, and the victim did not want the punishment of the Defendant, and the Defendant recognized and opposed to

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

유사 판례

-대구지방법원 2015.09.10 2014고정2787

-대전지방법원 2015.05.27 2014노3654

-부산지방법원 동부지원 2018.11.30 2018고단680

-광주지방법원 순천지원 2015.05.06 2014고단1206

-서울동부지방법원 2016.10.20 2016고단2035