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(영문) 대전지방법원 2015.08.12 2015고단1865
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 15, 2012, the Defendant was sentenced to imprisonment with prison labor for 10 months and a fine of 5 million won at the Gwangju District Court on October 15, 2012, and completed the execution of the sentence at the Gwangju Prison on October 15, 2012. On March 11, 2015, the Daejeon District Court sentenced the Defendant to imprisonment with prison labor for 4 years and 10 months at the Daejeon District Court for indecent acts by force on April 29, 2015, and is still pending in the trial at the Daejeon High Court.

On December 16, 2013, the Defendant stated that “Around December 16, 2013, the victim P, an employee of the above “G” office, purchased an amount equivalent to KRW 14.4 million in total, would be increased to the de facto class, and, when raised to the de facto class, Q would receive allowances of up to KRW 1 million per month.” Moreover, the principal of the goods purchased would be returned within one month.

However, even if the defendant receives money from the victim as the price for the purchase of the above goods, he did not have any intention or ability to return the principal after raising the class of the victim.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 6 million from the victims on December 16, 2013, KRW 6 million on December 17, 2013, KRW 14 million on December 17, 2013, and KRW 14 million on December 18, 2013, and acquired a total of KRW 11 million from the victims on May 23, 2014, as shown in the attached list of crimes, from around that time to May 23, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of R, S, P, and T;

1. A copy of each power of attorney, a statement of free savings deposit transactions, each payment note, and a copy of the passbook;

1. Statement, credit card use statement, passbook copy, loan certificate, and each business registration certificate; and

1. Investigation reports (Attachment of details of transactions to be submitted by victims);

1. A cash loan contract, text message printed matter, and financial transaction specification inquiry;

1. U information;

1. Acts and subordinate statutes concerning criminal records, and copies of written judgments, and current status of personal identification and confinement;

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