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(영문) 대구지방법원 김천지원 2019.01.31 2018고단968
사기
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On January 26, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act in the Daegu District Court Kimcheon Branch, and the judgment became final and conclusive on February 8, 201. On November 23, 2011, the same court was sentenced to two years of imprisonment with prison labor for a crime of fraud and the judgment was final and conclusive on December 1, 2011. On January 16, 2014, the same court was sentenced to one year of total imprisonment with prison labor for a crime of fraud using computers, etc., and the judgment was final and conclusive on February 14, 2014. On July 4, 2018, the same court was sentenced to ten months of imprisonment with prison labor for a crime of fraud, etc.

On April 28, 2010, the Defendant made a false statement to the victim D, stating, “The Defendant would buy and resell a medium-sized computer and pay money including interest, if he/she borrowed 5.5 million won as he/she needs to pay money to the victim D.”

However, even if the Defendant borrowed money from the victim, he did not think of using it as the purchase price for the medium and high-computer, and was in a bad credit condition, and was unable to repay the debt to others, so there was no intention or ability to pay the borrowed money from the victim.

The Defendant, by deceiving the victim as above, received 3.3 million won from the victim to the F Bank account (G) in the name of the Defendant’s wife E on the same day, and received 2.2 million won from the same account on May 3, 2010.

Accordingly, the defendant was given a total of 5 million won by deceiving the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to D by the police;

1. A copy of each judgment, one copy of investigation report (a copy of the register of real estate), all the registered matters, a certificate of deposit transaction record of F Bank, payment order or loan certificate;

1. Records of previous judgments: Criminal records, inquiry reports, investigation reports (Attachment of latter concurrent judgments of a suspect), and copies of written judgments, respectively;

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